Hearings
England & Wales
16 Sep 2022 [2022] EWHC 2348 (TCC), QBD (Alexander Nissen KC sitting as a deputy High Court judge)
30 Jan 2024 [2024] EWCA Civ 39; [2024] KB 914; [2024] 3 WLR 319; [2024] WLR(D) 45, CA (Coulson, Dingemans, Snowden LJJ)
Braceurself Ltd v NHS England
Subject Matter
PUBLIC PROCUREMENT — Contract award procedure — Breach
PUBLIC PROCUREMENT — Contract award procedure — Breach — Contracting authority failing to award public contract to claimant due to manifest error of fact during award process — Whether contracting authority’s breach of duty “sufficiently serious” to warrant award of damages — Whether consequences of breach rendering it sufficiently serious — Whether excusability of error relevant to whether breach sufficiently serious — Whether finding at interlocutory stage that damages adequate remedy making award of damages necessary — Public Contracts Regulations 2015 (SI 2015/102), regs 91(1), 98
[2024] EWCA Civ 39; [2024] KB 914; [2024] 3 WLR 319; [2024] WLR(D) 45, CA
Appellate History
Braceurself Ltd v NHS England [2022] EWHC 2348 (TCC), QBD
Decision of Alexander Nissen KC sitting as a deputy judge of the King’s Bench Division affirmed
Braceurself Ltd v NHS England [2024] EWCA Civ 39; [2024] KB 914; [2024] 3 WLR 319; [2024] WLR(D) 45, CA
Commentary
Local Government Lawyer
Breach during procurement "not sufficiently serious to justify an award of Francovich damages", High Court judge rules
Case comment
Court of Appeal rejects appeal over finding that manifest error in procurement was not “sufficiently serious” for damages award Case comment