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United Kingdom
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Key definition
Damages definition

What does Damages mean? In legal practice, damages are a money award ordered by a court to compensate a claimant (England & Wales, Northern Ireland) or pursuer (Scotland) for loss caused by breach of contract, tort/delict or a statutory wrong. The remedy is developed mainly by case law across the UK and Ireland, with some statutory modification. The aim is primarily compensatory: in tort/delict, to put the person in the position they would have been in but for the wrong; in contract, to protect the expectation interest (and sometimes the reliance interest). Heads of loss include general and special damages (common in personal injury),...

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Damages in public procurement challenges pre-PA 2023: sufficiently serious breach, American Cyanamid, quantum and post-award remedies under PCR 2015

Practice notes
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This practical guidance relates to the pre-Procurement Act 2023 regime

This Practice Note offers guidance for Public procurement exercises launched before the Procurement Act 2023 (PA 2023) took effect on 24 February 2025. Procurements within scope that start on or after that date are subject to PA 2023. Under PA 2023’s transitional and savings provisions, the former public procurement regimes persist as needed so contracting authorities can conclude and administer procedures begun before PA 2023 commenced (ie ongoing procurements). This Practice Note should be interpreted on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical material on PA 2023 sits in a separate subtopic: Procurement Act 2023—overview. It is intended to be read alongside those materials for context and background.

Remedies for breach of PCR 2015

The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, govern the procurement of Goods, services and works over specified financial thresholds by public authorities, public bodies and other publicly funded organisations in England, Wales and Northern Ireland. For background reading, see Practice Note: Introduction to public contracts procurement. PCR 2015 also provide remedies and review routes for breaches of the rules that regulate a public procurement process...

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Michael Papadakis
Michael Papadakis

Senior public procurement lawyer with significant procurement management and drafting/negotiating certain public contracts experience.I provide a comprehensive “cradle to grave” procurement service. I have significant private practice and in-house experience. I have been involved with and advising on all aspects of the procurement process from the planning, the procurement strategy stage, putting together the business case of the procurement (options/routes to market/procurement law and commercial risk), market testing, organising industry days, drafting/reviewing all procurement documents (information memorandum, PQQ/SQ, ITT, ITN, ISOP/ITD, etc.), providing clarifications to and negotiating with tenderers. I have been involved in the evaluation of final bids and have been regularly drafting notification/ “Stand-still” letters, providing debriefings to unsuccessful tenderers and candidates and responding to tenderers’ complaints and grievances to the Contracting Authority during the “stand-still” period. I have been supporting the contract lawyers to provide standard contract terms and...

Web page updated on 21/05/2026

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