Salt International Ltd (Formerly Nationwide Gritting Services Ltd) v The Scottish Ministers [2015] ScotCS CSIH_85 (01 December 2015)

Salt International Ltd (Formerly Nationwide Gritting Services Ltd) v The Scottish Ministers [2015] ScotCS CSIH_85 (01 December 2015)

The pursuers failed to prove that they would have tendered or succeeded in a compliant procurement process; the commercial judge's findings-in-fact are justified and unimpeachable; extreme urgency justified the negotiated procedure in winter 1, but not in winter 2; only damages are available as a remedy, and the pursuers failed to establish loss or a real chance; declaratory relief is not competent under the Regulations.

Citation
[2015] ScotCS CSIH_85
Parties
Pursuer and Reclaimer: Salt International Ltd (formerly Nationwide Gritting Services Ltd); Defender and Respondent: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
01 December 2015
Procedural Posture
Commercial Appeal (reclaiming Motion) / Inner House, Court of Session, Post Trial Appeal
Outcome
Reclaiming motion and cross-appeal refused; interlocutor of the commercial judge adhered to.
Legal Topics
Public Contracts (scotland) Regulations 2006, Extreme Urgency Derogation, Tender Procedures, Remedies for Breach, Damages, Declaratory Relief
Public Procurement Administrative Law European Union Law Public Contracts (scotland) Regulations 2006 Extreme Urgency Derogation Tender Procedures Remedies for Breach Damages +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 29 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Salt International Ltd (formerly Nationwide Gritting Services Ltd)

Pursuer and Reclaimer

The Scottish Ministers

Defender and Respondent

Procedural Posture

Commercial Appeal (reclaiming Motion) / Inner House, Court of Session, Post Trial Appeal

Legal Issues

  1. 1 Whether the Scottish Ministers breached the Public Contracts (Scotland) Regulations 2006 in purchasing de-icing salt without tender procedures
  2. 2 Whether extreme urgency justified derogation from tender procedures
  3. 3 Whether Salt International Ltd would have tendered and succeeded in a compliant procurement process

Ratio Decidendi

The pursuers failed to prove that they would have tendered or succeeded in a compliant procurement process; the commercial judge's findings-in-fact are justified and unimpeachable; extreme urgency justified the negotiated procedure in winter 1, but not in winter 2; only damages are available as a remedy, and the pursuers failed to establish loss or a real chance; declaratory relief is not competent under the Regulations.

Court Disposition

Reclaiming motion and cross-appeal refused; interlocutor of the commercial judge adhered to.

Orders

  • Defenders assoilzied (absolved) from liability.
  • Pursuers liable for 90% of expenses.