NATIONWIDE GRITTING SERVICES LTD AGAINST THE SCOTTISH MINISTERS [2014] ScotCS CSOH_151 (17 October 2014)

NATIONWIDE GRITTING SERVICES LTD AGAINST THE SCOTTISH MINISTERS [2014] ScotCS CSOH_151 (17 October 2014)

The defenders satisfied the Regulation 14 criteria in winter 1 due to unforeseeable extreme urgency, but not in winter 2, as the situation was self-created and a compliant tender could have been held. However, NGS would not have bid or succeeded in any tender, and failed to prove loss or causal nexus. No damages are awarded.

Citation
[2014] ScotCS CSOH_151
Parties
Pursuer: Nationwide Gritting Services Ltd; Defender: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
17 October 2014
Procedural Posture
Commercial Action / Final Judgment
Outcome
Claim dismissed
Legal Topics
Procurement Procedures, Extreme Urgency Exception, Damages for Breach of Procurement Rules, Loss of Chance, Equal Treatment, Transparency
Public Procurement Administrative Law European Union Law Procurement Procedures Extreme Urgency Exception Damages for Breach of Procurement Rules Loss of Chance Equal Treatment +1 more

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Parties

Nationwide Gritting Services Ltd

Pursuer

The Scottish Ministers

Defender

Procedural Posture

Commercial Action / Final Judgment

Legal Issues

  1. 1 Whether the defenders breached public procurement law by failing to hold a competitive tendering procedure for de-icing salt purchases
  2. 2 Whether the 'extreme urgency' exception under Regulation 14 of the Public Contracts (Scotland) Regulations 2006 applied
  3. 3 Whether the pursuer is entitled to damages for loss of profits or loss of chance

Ratio Decidendi

The defenders satisfied the Regulation 14 criteria in winter 1 due to unforeseeable extreme urgency, but not in winter 2, as the situation was self-created and a compliant tender could have been held. However, NGS would not have bid or succeeded in any tender, and failed to prove loss or causal nexus. No damages are awarded.

Court Disposition

Claim dismissed

Orders

  • By Order hearing to discuss precise orders
  • Expenses reserved