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The Court of Appeal gave judgment on an appeal that raised issues about the law on mitigation and on public procurement.

In this case the Court of Appeal held, allowing EnergySolutions’ appeal and dismissing the NDA’s, that, as a matter of domestic law, there is no legal principle allowing a claimant to be deprived of damages for failing to apply for interim discretionary relief against a defendant. It further held (i) that an economic operator could not be deprived of an award of damages under the Public Contracts Regulations because it has failed to invoke the procedure for automatic suspension of a contract award decision; and (ii) that such an economic operator does not need to show that any breach of its obligations by a contracting authority is “sufficiently serious” to be entitled to damages under those Regulations.

The full judgment can be read here: 

John Howell QC represented EnergySolutions Ltd

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