Nuclear Decommissioning Authority v EnergySolutions EU Ltd [2017] UKSC 34 – Law Journals

Procurement: Too hot to handle

James Falle reviews the avoidance of procurement challenges ‘The authority needs to pause first. Perhaps rather than simply writing to the claimant, notifying a decision to abandon, it needs to consider negotiating. It could seek to agree the terms on which it pulls the procurement.’ When faced with a challenge to their procurement decisions, public …

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Healthcare: Competing authorities

Chris Murray and Stuart Cairns report on a recent decision supporting an automatic suspension ‘The judge highlighted the trusts‘ position as an incumbent provider and recognised that losing the contract would have a significant impact not only on the staff but also on healthcare services more generally.‘ In Lancashire Care NHS Foundation Trust v Lancashire …

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Brexit: Crossing borders

Robert Bell reports on a recent decision of the EFTA Court ‘The question before the court was what level of culpability of a contracting authority was necessary for the court to award damages for breach of the public procurement law.’ A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the …

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Update: The best of times, the worst of times

In part one of a two-part consideration, Jorren Knibbe assesses judicial developments in the first half of 2017 ‘Until there is higher judicial authority on the point, any defendant to a significant damages claim will have an incentive to argue that its breaches (if any) were not sufficiently serious.’ This article describes developments in public …

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Practice: Nuclear power – the gift to procurement lawyers that keeps on giving

Helen Prandy, Jenny Beresford-Jones and Ruth Smith consider the impact of NDA v EnergySolutions ‘On top of the costs of the procurement itself this matter has had a significant impact on the public purse.’ One of the highest profile public procurement challenges brought over the past year is the case of Nuclear Decommissioning Authority v …

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