Nationwide Gritting Services Ltd v The Scottish Ministers [2013] ScotCS CSOH_119 (11 July 2013)

Nationwide Gritting Services Ltd v The Scottish Ministers [2013] ScotCS CSOH_119 (11 July 2013)

NGS did not possess sufficient knowledge to bring proceedings prior to 28 May 2012; only upon receipt of the formal reply from Transport Scotland on 30 May 2012 did suspicion ripen into hard knowledge, so the claim is not time-barred.

Citation
[2013] ScotCS CSOH_119
Parties
Pursuer: Nationwide Gritting Services Limited; Defenders: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
11 July 2013
Procedural Posture
Commercial Action / Preliminary Issue (time Bar) Debate
Outcome
Time-bar argument rejected; case to proceed to further procedure.
Legal Topics
Time Bar in Procurement Claims, Knowledge Threshold for Limitation, Transparency Obligations, Remedies for Breach of Procurement Regulations
Public Procurement Administrative Law Time Bar in Procurement Claims Knowledge Threshold for Limitation Transparency Obligations Remedies for Breach of Procurement Regulations

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Parties

Nationwide Gritting Services Limited

Pursuer

The Scottish Ministers

Defenders

Procedural Posture

Commercial Action / Preliminary Issue (time Bar) Debate

Legal Issues

  1. 1 Whether the pursuer's claim is time-barred under Regulation 47 of the Public Contracts (Scotland) Regulations 2006
  2. 2 When the pursuer had sufficient knowledge to bring proceedings for breach of procurement regulations

Ratio Decidendi

NGS did not possess sufficient knowledge to bring proceedings prior to 28 May 2012; only upon receipt of the formal reply from Transport Scotland on 30 May 2012 did suspicion ripen into hard knowledge, so the claim is not time-barred.

Court Disposition

Time-bar argument rejected; case to proceed to further procedure.

Orders

  • Case put out by order for further procedure.