On Wednesday 1 Mar and Thursday 2 Mar 2017, the Supreme Court hears the appeal of Nuclear Decommissioning Authority v Energy Solutions EU Ltd. The appeal arises in the context of a claim by the Respondent, Energy Solutions, for damages arising from an unsuccessful bid for a nuclear decommissioning contract. The appeal raises two issues which correspond to the preliminary issues raised by the Nuclear Decommissioning Authority (“the NDA”)’s defence to Energy Solutions’ claim for damages. The Court will consider whether an award of damages under the Public Contracts Regulations 2006 is discretionary and in particular whether such an award is subject to the Francovich conditions imposed by the EU Courts, including that any breach must be “sufficiently serious” to warrant the award of damages. The Court will also consider whether a failure to seek interim relief preventing the conclusion of the contract with the successful bidder pending determination of a claim for damages could not, as a matter of law, break the chain of causation between breach and loss.
UK Supreme Court Blog 2nd March 2017 read more »