Case details

Nuclear Decommissioning Authority (Appellant) v EnergySolutions EU Ltd (now called ATK Energy EU Ltd) (Respondent)

Case ID: UKSC 2016/0006

Case summary

Issue
  1. Whether, in a claim for damages under the Public Contracts Regulations 2006, the Francovich condition that the infringement be "sufficiently serious" must be met.
  2. Whether the Court of Appeal erred in holding that the respondent's failure to issue proceedings before the contract was concluded did not break the chain of causation between the breach and the loss.
Facts

The respondent brought a public procurement law claim against the appellant, a non-departmental public body, for damages of c.$100m, alleging breaches of the Public Contracts Regulations 2006 in connection with its unsuccessful bid for a contract for services to decommission nuclear sites. Two preliminary issues were considered by the judge, which correspond to the issues before the Supreme Court above. The Court of Appeal, dismissing the appellant’s appeal on issue (2) and allowing the respondent’s appeal on issue (1) above, held that there was no requirement for a "sufficiently serious" infringement and that the failure to issue proceedings did not mean that the claimant’s loss was not attributable to the breach.

Judgment appealed

[2015] EWCA Civ 1262

Parties

Appellant

Nuclear Decommissioning Authority

Respondent

EnergySolutions EU Ltd (now called ATK Energy EU Ltd)

Appeal

Justices

Lord Neuberger, Lady Hale, Lord Mance, Lord Sumption, Lord Carnwath

Hearing start date

01 Mar 2017

Hearing finish date

02 Mar 2017

Watch hearing
01 Mar 2017 Morning session Afternoon session
02 Mar 2017 Morning session