The Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors

The Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors

The court held that Servier's prescribing argument, as a defence of failure to mitigate, contributory negligence, and causation/remoteness, is reasonably arguable and cannot be dismissed summarily. The relevant amendments to the defence must therefore be allowed and the issues should be determined at trial.

Parties
Claimant: The Secretary of State for Health and Others; Defendant: Servier Laboratories Limited; Defendant: Servier Research and Development Limited; Defendant: Les Laboratoires Servier SAS; Defendant: Servier SAS
Jurisdiction
England and Wales
Judgment Date
04 October 2016
Procedural Posture
Civil (competition/commercial) / Interlocutory Application for Permission to Amend Defence
Outcome
Permission to amend defence granted
Legal Topics
Mitigation of Loss, Contributory Negligence, Causation, Remoteness of Damage, Amendment of Pleadings, Abuse of Dominance, Anti Competitive Agreements
Competition Law Tort Law Civil Procedure Mitigation of Loss Contributory Negligence Causation Remoteness of Damage Amendment of Pleadings +2 more

Case Brief

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Parties

The Secretary of State for Health and Others

Claimant

Servier Laboratories Limited

Defendant

Servier Research and Development Limited

Defendant

Les Laboratoires Servier SAS

Defendant

Servier SAS

Defendant

Procedural Posture

Civil (competition/commercial) / Interlocutory Application for Permission to Amend Defence

Legal Issues

  1. 1 Whether the defendants should be granted permission to re-amend their defence to plead that the claimants failed to take reasonable steps to encourage switching from Perindopril to cheaper generic ACE inhibitors (the 'prescribing argument')
  2. 2 Whether the prescribing argument is reasonably arguable as a defence of failure to mitigate, contributory negligence, or break in causation/remoteness

Ratio Decidendi

The court held that Servier's prescribing argument, as a defence of failure to mitigate, contributory negligence, and causation/remoteness, is reasonably arguable and cannot be dismissed summarily. The relevant amendments to the defence must therefore be allowed and the issues should be determined at trial.

Court Disposition

Permission to amend defence granted

Orders

  • Servier is granted permission to make the disputed amendments to its defence, including the prescribing argument.