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On appeal from: [2013] CSIH 22.

The respondent carried out a tendering process for the supply of medical services to health authorities in Scotland. The appellant was the existing supplier at the time but lost their tender to continue supplying and subsequently brought a claim against the respondent arguing that they had breached certain duties under the Public Contracts (Scotland) Regulations 2006 and Directive 2004/18/EC. They argued the tender criteria were not sufficiently clear and the reasons for their rejection were unclear and inadequate.

The case was rejected by the Outer House of the Court of Session. They held that the criteria and reasons for rejection were sufficiently clear and adequate. The appellant’s appeal to the Inner House was refused.

The Supreme Court also unanimously dismissed the appeal. The lower courts had applied the correct legal test to assess the process, as well as having followed the approach used by the CJEU, and it would not be appropriate for the Supreme Court to interfere with their decisions.

For judgment, please download: [2014] UKSC 49
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII