On 9 December 2022, the leading Norwegian law firm, Arntzen De Besche, invited Luke Butler to speak at a seminar in Oslo on remedies in public procurement and the potential for reform.
Luke gave a 60 minute presentation covering a range of matters which have arisen pre- and post-Brexit including causation, the “sufficiently serious breach” test, the determination of quantum and the possibility of capping damages. The presentation featured alongside a number of others given by leading Norwegian lawyers and was proceeded by a plenary discussion of these issues in comparative context. The event was attended by lawyers and representatives of the Norwegian Government.
Whilst the focus was on reform in Norway, the UK experience continues to be important for comparative purposes given that permission has recently been granted to appeal the damages judgment on the “sufficiently serious breach” test in Braceurself Ltd v NHS England [2022] EWHC 2348 (TCC). We look forward to continuing engagement with Norwegian colleagues on reform going forward. View details of the event.
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