Legal News

Disappointed bidders and claims for procurement damages

Published on: 18 January 2016
Published by: LexisPSL
  • Disappointed bidders and claims for procurement damages
  • Original news
  • What were the issues before the Court of Appeal to decide on the appeal and cross appeal?
  • What is the impact of the conclusion that failure to issue a claim during the standstill provisions does not preclude damages?
  • What impact does the determination that the right to damages under the 2006 Regulations was not discretionary have?
  • The case was determined under the 2006 Regulations and assessed the applicability of the Francovich principles. What have we learned from the court's approach?
  • Is the position likely to change under the Public Contracts Regulations 2015?
  • Is this likely to be the end of the matter?

Article summary

Public Law analysis: What obstacles does an unsuccessful tenderer face when claiming damages under the Public Contracts Regulations 2006? Jeremy Sharman, dispute resolution partner, and Jenna Rennie, associate at Bird & Bird, say a recent ruling provides some welcome certainty for tenderers. or take a trial to read the full analysis.

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