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28 April 2017
Issue: 7743 / Categories: Case law , Law digest , In Court
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Contract

Nuclear Decommissioning Authority v EnergySolutions EU Ltd [2017] UKSC 34, [2017] All ER (D) 53 (Apr)

The Supreme Court allowed the appellant non-departmental public body’s appeal in part, in proceedings arising out of the tendering process to decommission sites formerly used for nuclear generation. The court considered the application of the principles in Francovich and Bonifaci v Italy: C-6/90 and C-9/90 [1991] ECR I-5357 and held that, among other things, the Public Contracts Regulations 2006 (SI 2006/5), as amended, had to be read as providing for damages only upon satisfaction of the Francovich conditions.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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