Case Study: The United Kingdom

Abstract

This chapter presents public procurement damages claims in the UK, with a particular emphasis on jurisprudential developments. It covers the relevant causes of action, namely breach of statutory duty, implied contract and public misfeasance, and discusses the justiciability of claims. It further examines the quantification aspects of damages claims, notably the recoverable losses (bid costs, lost profits and the compensation for lost chances) and judges’ quantification methods.