Boston Scientific Ltd v Common Services Agency

Public procurement – Tender assessment process. Court of Session: In an action in which the pursuer, which had submitted a partially successful and partially unsuccessful tender in the defender's procurement exercise in relation to supply of medical devices, challenged the tendering process, thereby triggering a prohibition on the defender from entering into a framework agreement with successful tenderers, the court granted an interim order bringing the prohibition to an end, having concluded that the pursuer's prima facie case was very weak and that the balance of convenience favoured the granting of an interim order.

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