ROCHE DIAGNOSTICS LTD AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER [2024] ScotCS CSOH_55 (05 June 2024)

ROCHE DIAGNOSTICS LTD AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER [2024] ScotCS CSOH_55 (05 June 2024)

The pursuer's averments, if proved, disclose a relevant case of constructive intent for unlawful means conspiracy and causing loss by unlawful means. The alleged breach of procurement regulations and anticipatory breach of contract constitute unlawful means. The pursuer has sufficiently pled causation and loss, and...

Source-derived case information.

Citation
[2024] ScotCS CSOH_55
Parties
Pursuer: Roche Diagnostics Limited; First Defender: Greater Glasgow Health Board; Second Defender: Abbott Laboratories Limited
Jurisdiction
Scotland
Judgment Date
05 June 2024
Procedural Posture
Commercial Action / Opinion on Relevancy Debate
Outcome
Pursuer's averments admitted to probation; defenders' motions refused; all parties' pleas as to relevancy reserved.
Legal Topics
Unlawful Means Conspiracy, Causing Loss by Unlawful Means, Breach of Statutory Duty, Anticipatory Breach of Contract, Contract Modification, Tender Process
Public Procurement Commercial Law Delict Unlawful Means Conspiracy Causing Loss by Unlawful Means Breach of Statutory Duty Anticipatory Breach of Contract Contract Modification +1 more

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Parties

Roche Diagnostics Limited

Pursuer

Greater Glasgow Health Board

First Defender

Abbott Laboratories Limited

Second Defender

Procedural Posture

Commercial Action / Opinion on Relevancy Debate

Legal Issues

  1. 1 Whether the pursuer's averments disclose a relevant case of unlawful means conspiracy
  2. 2 Whether the pursuer's averments disclose a relevant case of causing loss by unlawful means
  3. 3 Whether breach of the Public Contracts (Scotland) Regulations 2015 constitutes 'unlawful means' for the purposes of economic torts

Ratio Decidendi

The pursuer's averments, if proved, disclose a relevant case of constructive intent for unlawful means conspiracy and causing loss by unlawful means. The alleged breach of procurement regulations and anticipatory breach of contract constitute unlawful means. The pursuer has sufficiently pled causation and loss, and knowledge of unlawfulness is not required for liability. The defenders' arguments on intention, blameworthiness, and specification do not render the pursuer's pleadings irrelevant at this stage.

Court Disposition

Pursuer's averments admitted to probation; defenders' motions refused; all parties' pleas as to relevancy reserved.

Orders

  • Pursuer's pleadings on unlawful means conspiracy and causing loss by unlawful means admitted to probation.
  • Defenders' motions to refuse admission of pursuer's averments refused.