INTEGRI CONSULTANTS LTD AGAINST MIDLOTHIAN COUNCIL [2021] ScotCS CSOH_105 (20 October 2021)

INTEGRI CONSULTANTS LTD AGAINST MIDLOTHIAN COUNCIL [2021] ScotCS CSOH_105 (20 October 2021)

Defender's actings in Sheriff Court were to ensure dispute was heard in correct forum, not to approbate contract validity; doctrine of approbate and reprobate not engaged. Defender's averments on collusion are sufficiently specific for proof before answer; not averments of fraud.

Citation
[2021] ScotCS CSOH_105
Parties
Pursuer: INTEGRI CONSULTANTS LIMITED; Defender: MIDLOTHIAN COUNCIL
Jurisdiction
Scotland
Judgment Date
20 October 2021
Procedural Posture
Commercial Action / Interlocutory Judgment on Pleas and Relevancy
Outcome
Pursuer's plea on approbation and reprobation repelled; defender's plea on relevancy upheld in respect of Sheriff Court actings; proof before answer allowed on all other matters.
Legal Topics
Approbate and Reprobate, Collusion in Tendering, Jurisdiction Clauses, Misrepresentation, Conflict of Interest
Contract Law Public Procurement Civil Procedure Approbate and Reprobate Collusion in Tendering Jurisdiction Clauses Misrepresentation Conflict of Interest

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Parties

INTEGRI CONSULTANTS LIMITED

Pursuer

MIDLOTHIAN COUNCIL

Defender

Procedural Posture

Commercial Action / Interlocutory Judgment on Pleas and Relevancy

Legal Issues

  1. 1 Whether defender approbated contracts by pleading jurisdiction in Sheriff Court and is barred from contesting validity
  2. 2 Whether defender's averments of collusion in tendering process are sufficiently specific to give proper notice

Ratio Decidendi

Defender's actings in Sheriff Court were to ensure dispute was heard in correct forum, not to approbate contract validity; doctrine of approbate and reprobate not engaged. Defender's averments on collusion are sufficiently specific for proof before answer; not averments of fraud.

Court Disposition

Pursuer's plea on approbation and reprobation repelled; defender's plea on relevancy upheld in respect of Sheriff Court actings; proof before answer allowed on all other matters.

Orders

  • Repel pursuer's third plea-in-law (approbation and reprobation) in respect of Sheriff Court actings.
  • Uphold defender's general plea-in-law number one as to relevancy in respect of Sheriff Court actings.