FARRANS (CONSTRUCTION) LTD v. GLASGOW CITY COUNCIL [2010] ScotSC 104 (10 June 2010)

The Sidey decision is confined to below threshold contracts and does not preclude the sheriff court's jurisdiction in above threshold public procurement disputes under regulation 47(6) of the Scottish Regulations. The present action is therefore competent.

Citation: [2010] ScotSC 104
Parties: Pursuer: Farrans (Construction) Limited; Defender: Glasgow City Council
Jurisdiction: Scotland
Judgment Date: 10 June 2010
Procedural Posture: Commercial Action / Interlocutory Decision on Competency
Outcome: Defenders' competency argument rejected; action allowed to proceed.
Legal Topics: Competency of Proceedings, Public Contracts, European Procurement Directives, Judicial Review, Statutory Interpretation

Public Procurement Administrative Law Contract Law Competency of Proceedings Public Contracts European Procurement Directives Judicial Review Statutory Interpretation

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Parties

Farrans (Construction) Limited

Pursuer

Glasgow City Council

Defender

Procedural Posture

Commercial Action / Interlocutory Decision on Competency

Legal Issues

1 Whether the present action in the sheriff court is competent for an above threshold public procurement contract under the Public Contracts (Scotland) Regulations 2006 and Directive 2004/18/EC, in light of the Sidey decision.

Ratio Decidendi

Court Disposition

Defenders' competency argument rejected; action allowed to proceed.

Orders

Action allowed to proceed; further diet of debate assigned on relevancy and specification; all questions of expenses reserved.