DUNCAN MACKAY & SONS LTD v. COMHAIRLE NAN EILEAN SIAR [2012] ScotSC 70 (22 June 2012)

DUNCAN MACKAY & SONS LTD v. COMHAIRLE NAN EILEAN SIAR [2012] ScotSC 70 (22 June 2012)

The defenders admitted that the letter of 9 November 2011, intimating the award of the contract to Alistair MacDonald, was issued in error and that Alistair MacDonald did not meet the minimum requirements under the Regulations. No defence was disclosed to the pursuers' crave, making summary decree appropriate.

Citation
[2012] ScotSC 70
Parties
Pursuer: Duncan Mackay & Sons Limited; Defender: Comhairle nan Eilean Siar
Jurisdiction
Scotland
Judgment Date
22 June 2012
Procedural Posture
Civil (public Procurement) / Summary Decree Motion
Outcome
summary decree granted in favour of pursuers
Legal Topics
Breach of Procurement Regulations, Summary Decree, Award of Public Contracts, European Procurement Directives
Public Procurement Administrative Law Breach of Procurement Regulations Summary Decree Award of Public Contracts European Procurement Directives

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Parties

Duncan Mackay & Sons Limited

Pursuer

Comhairle nan Eilean Siar

Defender

Procedural Posture

Civil (public Procurement) / Summary Decree Motion

Legal Issues

  1. 1 Whether the appointment of Alistair MacDonald as successful tenderer was in breach of the Public Contracts (Scotland) Regulations 2006 and European Council Directive 2004/18/EC
  2. 2 Whether summary decree should be granted where no defence is disclosed

Ratio Decidendi

The defenders admitted that the letter of 9 November 2011, intimating the award of the contract to Alistair MacDonald, was issued in error and that Alistair MacDonald did not meet the minimum requirements under the Regulations. No defence was disclosed to the pursuers' crave, making summary decree appropriate.

Court Disposition

summary decree granted in favour of pursuers

Orders

  • Summary decree in favour of the pursuers against the defenders
  • Sanction for the employment of junior counsel granted