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Public procurement [2026] CSOH 37

St Margarets Nursery LTD against City of Edinburgh Council (Court of Session)

St Margarets Nursery LTD against City of Edinburgh Council (Court of Session) [2026] CSOH 37 (08 April 2026)

The Outer House held that a procurement challenge over Early Learning and Childcare Agreements was time-barred under Regulation 88 and dismissed the action.

  • Public contracts (scotland) regulations 2015
  • Time limits for procurement challenges
  • Standing/title and interest in procurement litigation
  • Public-procurement
  • Time-limits
  • Judicial-review-and-procurement
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Administrative law [2026] CSOH 25

Petition of Allanvale Homes (Prestwick) for Judicial Review (Court of Session)

Petition of Allanvale Homes (Prestwick) for Judicial Review (Court of Session) [2026] CSOH 25 (10 March 2026)

The Court of Session refused judicial review of South Ayrshire Council’s decision not to approve funding for the Corton development, finding the report and reasons lawful.

  • Judicial review
  • Subsidy control
  • Best value duty
  • Public contracts regulations
  • Decision-making by local authorities
  • Judicial-review
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Information law [2024] ScotIC 246_2024

Caledonian Maritime Assets Ltd (Correspondence involving evaluators of the procurement process for Hulls 801 and 802)

Caledonian Maritime Assets Ltd (Correspondence involving evaluators of the procurement process for Hulls 801 and 802) [2024] ScotIC 246_2024 (01 November 2024)

The Scottish Information Commissioner ordered disclosure of correspondence involving evaluators in the procurement of Hulls 801 and 802, after rejecting claimed FOI exemptions.

  • Freedom of information
  • Procurement process disclosure
  • Freedom-of-information
  • Procurement-disclosure
  • Public-authorities
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Public procurement [2024] CSOH 90

Roche Diagnostics LTD against Greater Glasgow Health Board and Abbott Laboratories LTD (Court of Session)

Roche Diagnostics LTD against Greater Glasgow Health Board and Abbott Laboratories LTD (Court of Session) [2024] CSOH 90 (20 September 2024)

The court held that disclosed papers summarising legal advice waived privilege over that advice, while 'without prejudice' objections do not bar document recovery in Scots law.

  • Legal professional privilege
  • Waiver of privilege
  • Without prejudice privilege
  • Document disclosure
  • Admissibility of evidence
  • Legal-professional-privilege
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Public procurement [2024] ScotCS CSOH_66

AMEY OW LTD AGAINST NORTH LANARKSHIRE COUNCIL

AMEY OW LTD AGAINST NORTH LANARKSHIRE COUNCIL [2024] ScotCS CSOH_66 (28 June 2024)

The Court of Session lifted the automatic suspension in a public procurement challenge, allowing North Lanarkshire Council to proceed with the contract award.

  • Automatic suspension
  • Interim relief
  • Adequacy of damages
  • Transparency in procurement
  • Award criteria disclosure
  • Balance of convenience
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Freedom of information [2024] ScotIC 127_2024

Scottish Ministers (Business Purchase Agreement and due diligence relating to purchase of Dalzell and Clydebridge Steel Works)

Scottish Ministers (Business Purchase Agreement and due diligence relating to purchase of Dalzell and Clydebridge Steel Works) [2024] ScotIC 127_2024 (13 June 2024)

The Scottish Information Commissioner partially upheld an FOI appeal over Dalzell and Clydebridge Steel Works purchase documents, ordering some disclosure with redactions.

  • Disclosure of business purchase agreement
  • Due diligence documents
  • Commercial confidentiality
  • Public interest test
  • Freedom-of-information
  • Commercial-confidentiality
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Public procurement [2024] ScotCS CSOH_55

ROCHE DIAGNOSTICS LTD AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER

ROCHE DIAGNOSTICS LTD AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER [2024] ScotCS CSOH_55 (05 June 2024)

The Court of Session refused relevancy challenges to pleadings alleging unlawful means conspiracy and causing loss by unlawful means in a procurement dispute.

  • Unlawful means conspiracy
  • Causing loss by unlawful means
  • Breach of statutory duty
  • Anticipatory breach of contract
  • Contract modification
  • Tender process
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Public procurement [2023] ScotCS CSOH_9

CAPITA BUSINESS SERVICES LTDAGAINST THE COMMON SERVICES AGENCY FOR THE SCOTTISH HEALTH SERVICE

CAPITA BUSINESS SERVICES LTDAGAINST THE COMMON SERVICES AGENCY FOR THE SCOTTISH HEALTH SERVICE [2023] ScotCS CSOH_9 (10 February 2023)

In a procurement challenge, the Court of Session upheld the disqualification of Capita’s final bid for SWAN 2, holding the tender documents were clear and the bid was incomplete.

  • Public contracts
  • Procurement procedures
  • Disqualification of tenders
  • Transparency and equal treatment
  • Interpretation of procurement documents
  • Public-procurement
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Contract law [2021] ScotCS CSOH_105

INTEGRI CONSULTANTS LTD AGAINST MIDLOTHIAN COUNCIL

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

Court of Session held that a jurisdictional plea in Sheriff Court did not amount to approbation of the contracts, and allowed proof on collusion allegations.

  • Approbate and reprobate
  • Collusion in tendering
  • Jurisdiction clauses
  • Misrepresentation
  • Conflict of interest
  • Approbate-and-reprobate
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Public procurement [2020] ScotCS CSOH_95

OLM SYSTEMS LTD AGAINST FIFE COUNCIL

OLM SYSTEMS LTD AGAINST FIFE COUNCIL [2020] ScotCS CSOH_95 (24 November 2020)

Procurement challenge dismissed: the council's budget clarification applied the £200,000 cap only to the initial 7 years, and consensus scoring was lawful.

  • Disqualification criteria
  • Consensus scoring methodology
  • Transparency obligations
  • Equal treatment
  • Adequate reasons
  • Public-procurement
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.