EnergySolutions EU Ltd v Nuclear Decommissioning Authority [2015] EWHC 73 (TCC); [2015] EWCA Civ 1262; [2016] EWHC 1988 (TCC); [2016] EWHC 3326 (TCC); [2017] UKSC 34

Remedies: Disappearing damages?

Katherine Souter assesses the status of an award of damages for breach of the public procurement rules ‘What needs to happen fairly soon is for another case to come before the UKSC, which is referred to the CJEU for clarification, so that we have legal clarity on this issue before the UK leaves the CJEU’s …

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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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Management: A ‘state o’ chassis’

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Chris Hoyle investigates how to manage procurement crises ‘The best cure comes from the most accurate diagnosis. Getting your assessment of the situation right means that you can make the most effective response to a crisis.’The history of the world is littered with failures; some heroic like Dunkirk and others inglorious like Chernobyl. Procurement is …

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