De La Rue International Ltd v Scottish Power Plc [2000] ScotCS 259 (17 October 2000)

De La Rue International Ltd v Scottish Power Plc [2000] ScotCS 259 (17 October 2000)

The pursuers failed to establish a prima facie case that the defenders were in breach of duty under regulation 17 of the Utilities Contracts Regulations 1996, as the process followed was a negotiated procedure and the pursuers were adequately invited to negotiate. No interim suspension or interdict was warranted.

Citation
[2000] ScotCS 259
Parties
Pursuer: De La Rue International Limited; Defender: Scottish Power Plc
Jurisdiction
Scotland
Judgment Date
17 October 2000
Procedural Posture
Civil (commercial) / Interim Relief Application (interim Suspension and Interdict)
Outcome
Interim suspension and interim interdict refused.
Legal Topics
Utilities Contracts Regulations 1996, Tendering Procedures, Interim Interdict, Suspension of Tender Process
Public Procurement Administrative Law Contract Law Utilities Contracts Regulations 1996 Tendering Procedures Interim Interdict Suspension of Tender Process

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Parties

De La Rue International Limited

Pursuer

Scottish Power Plc

Defender

Procedural Posture

Civil (commercial) / Interim Relief Application (interim Suspension and Interdict)

Legal Issues

  1. 1 Whether the services contract was a Part A or Part B service under the Utilities Contracts Regulations 1996
  2. 2 Whether the defenders complied with the tendering procedures required by regulations 15 and 17
  3. 3 Whether the pursuers established a prima facie case for interim suspension and interdict

Ratio Decidendi

The pursuers failed to establish a prima facie case that the defenders were in breach of duty under regulation 17 of the Utilities Contracts Regulations 1996, as the process followed was a negotiated procedure and the pursuers were adequately invited to negotiate. No interim suspension or interdict was warranted.

Court Disposition

Interim suspension and interim interdict refused.

Orders

  • Refusal of pursuers' motion for interim suspension and interim interdict.