Energy Solutions EU Ltd v Nuclear Decommissioning Authority

Contract – Public contract. The claimant had unsuccessfully bid for a contract in relation to the decommissioning of nuclear installations that had been put out to tender by the defendant. The defendant announced the winning bidder and the standstill period commenced, during which time the claimant expressed its concerns about the adequacy of the procurement process. After the contract had been entered into, the claimant issued proceedings. On a trial of preliminary issues, the Technology and Construction Court held that the court had no discretion not to make an award of damages if the claim were proved.

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