Energysolutions EU Ltd v Nuclear Decommissioning Authority [2016] EWHC 1988 (TCC) (29 July 2016)

Energysolutions EU Ltd v Nuclear Decommissioning Authority [2016] EWHC 1988 (TCC) (29 July 2016)

NDA committed manifest errors in evaluation and scoring of certain tender requirements, breaching Public Contracts Regulations 2006 and EU procurement principles; EnergySolutions is entitled to damages subject to further determination of 'sufficiently serious' breach if Supreme Court appeal succeeds.

Citation
[2016] EWHC 1988 (TCC)
Parties
Claimant: EnergySolutions EU Limited; Defendant: Nuclear Decommissioning Authority
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Procurement Damages Claim / Liability Judgment After Trial
Outcome
Liability judgment for claimant; NDA found in breach of procurement regulations
Legal Topics
Manifest Error, Equal Treatment, Transparency, Non Discrimination, Damages for Breach of Procurement Regulations
Public Procurement Contract Law EU Law Manifest Error Equal Treatment Transparency Non Discrimination Damages for Breach of Procurement Regulations

Case Brief

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Parties

EnergySolutions EU Limited

Claimant

Nuclear Decommissioning Authority

Defendant

Procedural Posture

Procurement Damages Claim / Liability Judgment After Trial

Legal Issues

  1. 1 Whether NDA breached Public Contracts Regulations 2006 and/or EU procurement principles in evaluating tenders
  2. 2 Whether NDA committed manifest errors in scoring RSS and CFP bids
  3. 3 Whether NDA's breaches entitle EnergySolutions to damages

Ratio Decidendi

NDA committed manifest errors in evaluation and scoring of certain tender requirements, breaching Public Contracts Regulations 2006 and EU procurement principles; EnergySolutions is entitled to damages subject to further determination of 'sufficiently serious' breach if Supreme Court appeal succeeds.

Court Disposition

Liability judgment for claimant; NDA found in breach of procurement regulations

Orders

  • Court finds NDA committed manifest errors and breaches of procurement law
  • Damages to be determined in subsequent proceedings