FARRANS (CONSTRUCTION) LIMITED v. GLASGOW CITY COUNCIL [2013] ScotSC 14 (12 February 2013)

FARRANS (CONSTRUCTION) LIMITED v. GLASGOW CITY COUNCIL [2013] ScotSC 14 (12 February 2013)

The pursuer is not an economic operator under the 2006 Regulations, has not suffered or is at risk of suffering any recoverable loss, and has no title or interest to sue. Losses claimed are those of the principal or group companies, not the pursuer. The action must be dismissed.

Citation
[2013] ScotSC 14
Parties
Pursuer: Pursuer; Defender: Defender
Jurisdiction
Scotland
Judgment Date
12 February 2013
Procedural Posture
Civil / Judgment
Outcome
action dismissed
Legal Topics
Economic Operator Status, Title to Sue, Group Company Losses, Public Contracts Regulations
Public Procurement Agency Law Economic Operator Status Title to Sue Group Company Losses Public Contracts Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Pursuer

Pursuer

Defender

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the pursuer qualifies as an economic operator under the 2006 Regulations
  2. 2 Whether the pursuer has title or interest to sue for losses, including group company losses
  3. 3 Whether hypothetical or group losses confer standing to sue

Ratio Decidendi

The pursuer is not an economic operator under the 2006 Regulations, has not suffered or is at risk of suffering any recoverable loss, and has no title or interest to sue. Losses claimed are those of the principal or group companies, not the pursuer. The action must be dismissed.

Court Disposition

action dismissed

Orders

  • Action dismissed for lack of title and interest to sue.