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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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