Braceurself Limited v NHS England

Braceurself Limited v NHS England

The breach, though it altered the outcome of a close competition, was minor, excusable, inadvertent, and had limited impact beyond the claimant. The threshold for 'sufficiently serious' was not met; therefore, damages are not justified.

Source-derived case information.

Parties
Claimant: Braceurself Limited; Defendant: NHS England
Jurisdiction
England and Wales
Judgment Date
16 September 2022
Procedural Posture
Civil / Post Liability Trial, Determination of Damages
Outcome
Claim for damages dismissed
Legal Topics
Francovich Damages, Public Contracts Regulations 2015, Procurement Evaluation Errors
Public Procurement Contract Law Francovich Damages Public Contracts Regulations 2015 Procurement Evaluation Errors

Source-derived case record

Summary, issues, holding and outcome

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Parties

Braceurself Limited

Claimant

NHS England

Defendant

Procedural Posture

Civil / Post Liability Trial, Determination of Damages

Legal Issues

  1. 1 Whether the breach in procurement was sufficiently serious to justify an award of Francovich damages

Ratio Decidendi

The breach, though it altered the outcome of a close competition, was minor, excusable, inadvertent, and had limited impact beyond the claimant. The threshold for 'sufficiently serious' was not met; therefore, damages are not justified.

Court Disposition

Claim for damages dismissed

Orders

  • Claimant's claim for damages is dismissed
  • Parties to draw up an appropriate order; matter listed for consequential hearing including costs