Supreme Court rules no requirement to issue claim within standstill period, but damages only available for “sufficiently serious” breach

03 May 2017

On 11 April 2017, the Supreme Court handed down its judgment on certain preliminary issues in the long-running challenge by ATK Energy EU Ltd (formerly, Energysolutions EU Limited) to the Nuclear Decommissioning Authority’s (“NDA“) award of a 14-year contract for the decommissioning of 12 Magnox power stations and two others (the “Magnox Contract“) to a consortium known as CFP. ATK was a member of the Reactor Site Solutions (“RSS“) consortium that made an unsuccessful bid for the Contract.

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The comments made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.

Ewan West acted for ATK Energy EU Ltd throughout the Magnox Contract litigation and appeared for ATK before the Supreme Court.

Philip Moser QC acted for the NDA in the Court of Appeal in respect of the Liability judgment  and the Sufficiently Serious judgment.

Michael Bowsher QC and Ligia Osepciu acted for Bechtel Management Company Limited and Philip Moser QC acted for the NDA in the Bechtel claim.