All posts with the tag: Damages

In October 2013, Gatwick Airport Limited (“GAL”) commenced a tender procedure in relation to the provision of air navigation services and maintenance and repair services.  The incumbent services provider, NATS (Services) Limited (“NATS”), submitted its best and final offer on 2 June 2014 and was notified in July 2014 that it had been unsuccessful. NATS … Continue reading Another automatic contract suspension upheld

Following the entry into force of the Public Contracts (Amendment) Regulations 2009, which implemented the new public procurement Remedies Directive, an aggrieved economic operator who wishes to prevent a contract award no longer needs to apply for an interim injunction.  Under the new rules, a standstill period of at least 10 to 15 calendar days … Continue reading Court of Appeal applies American Cyanamid principles in rejecting application to lift automatic contract suspension

For the first time, an appellate court has given clear guidance on the applicable principles for the assessment of damages under a cross-undertaking in damages. In Hone v Abbey Forwarding Ltd, the Court of Appeal considered a claim for compensation in relation to a freezing injunction that had been wrongfully obtained. At first instance, HHJ … Continue reading Approach to assessment of damages pursuant to a cross-undertaking

In AB v CD, the Court of Appeal held that a party which applies for an interim injunction to prevent a breach of contract may argue that damages will not constitute an adequate remedy where there are contractual terms which exclude or limit liability for loss that would be caused by such a breach.  The … Continue reading Whether damages constitute an adequate remedy where there is a contractual provision limiting damages

In Capgemini India Private Ltd v Krishnan, former employees of Capgemini, following termination of their employment, gave a contractual undertaking to observe post-termination restrictive covenants set out in their contracts of employment. When Capgemini sought to enforce these restrictive covenants by means of an injunction, the employees argued that the underlying restrictive covenant was actually … Continue reading Injunction to enforce restrictive covenant: relevance of employee undertaking to observe restriction

On 26 February 2014, the Supreme Court handed down an important judgment in Coventry (t/a RDC Promotions) v Lawrence relating to the principles of private nuisance, a common law tort, and also when an injured party would be entitled to an injunction in preference to a pure damages remedy. Restoring the trial judge’s original order, … Continue reading Supreme Court ruling relating to injunctions and noise nuisance

On 5 November 2013, the High Court granted applications for interim injunctions in two cases concerning an alleged refusal to supply “money service businesses” (defined in the Money Laundering Regulations 2007 as “an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means … Continue reading Interim injunction granted in refusal to supply case

Merseyside Waste Disposal Authority (“MWDA”) conducted a procurement exercise for a £1.2 billion contract for the construction and operation of a new energy and waste facility.   Covanta was an unsuccessful bidder and commenced proceedings against MWDA claiming manifest procedural errors.  Covanta claimed that the contract award should be suspended under Regulation 47G of the Public … Continue reading Injunction granted to prevent award of contract by Merseyside Waste Disposal Authority