“…[2017] UKSC 34, [2017] 1 WLR 1373, which was concerned with UK legislation implementing the scheme for remedies for breach of the Public Procurement Directive. At para. 39 Lord Mance said…”
“…ice. The first was adopting an image for which credit appears to be due to Professor Finnis: see R (Miller) v Secretary of State for Exiting the European Union [2017] 1 WLR 1373 at [63]-[65]:…”
“…ities Act 1972 (“ECA”) for breach of EU law duties. That is a claim in tort for breach of statutory duty: see PPL at paragraphs 1112 and Energy Solutions v NDA [2017] 1 WLR 1373 at paragraph 38. Arriva have an alternative claim for breach of an implied contract.…”
“…n of damages in public procurement cases was dealt with by the Supreme Court in Energy Solutions EU Limited v Nuclear Decommissioning Authority [2017] UKSC 34; [2017] 1 WLR 1373. There the court identified the three Francovich conditions for damages, in the following terms:…”