Nationwide Gritting Services Ltd v The Scottish Ministers [2014] ScotCS CSOH_41 (07 February 2014)

The proposed amendments do not introduce new claims but are directed toward quantification of the existing claim regarding the defenders' failure to conduct a competitive procurement process; therefore, they are not time-barred and may be allowed.

Citation: [2014] ScotCS CSOH_41
Parties: Pursuer: Nationwide Gritting Services Ltd; Defenders: The Scottish Ministers
Jurisdiction: Scotland
Judgment Date: 07 February 2014
Procedural Posture: Civil / Interlocutory (application to Amend Pleadings)
Outcome: Proposed amendments to pleadings allowed.
Legal Topics: Time Bar in Procurement Claims, Amendment of Pleadings, Notification Requirements, Quantification of Damages

Public Procurement Administrative Law Time Bar in Procurement Claims Amendment of Pleadings Notification Requirements Quantification of Damages

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 5 Party arguments 2 Amounts and remedies 4

Parties

Nationwide Gritting Services Ltd

Pursuer

The Scottish Ministers

Defenders

Procedural Posture

Civil / Interlocutory (application to Amend Pleadings)

Legal Issues

1 Whether proposed amendments introduce new claims or are merely quantification of existing claim
2 Whether claims are time-barred under regulation 47 of the Public Contracts (Scotland) Regulations 2006
3 Whether notification requirements were met for new breaches

Ratio Decidendi

Court Disposition

Proposed amendments to pleadings allowed.

Orders

Parties to discuss any further adjustment and the outstanding motion for commission and diligence before final order.