Nationwide Gritting Services Ltd v The Scottish Ministers

Public procurement – Competitive tendering procedure – 'Extreme urgency' exception – Damages. Court of Session: In an action in which the pursuer claimed that the defenders breached public procurement law by failing to hold a competitive tendering procedure when, between January 2010 and March 2011 they bought de-icing salt for gritting roads during severe winters, but not from the pursuer, the court held that the criteria for the application of the 'extreme urgency' exception in the Public Contracts (Scotland) Regulations 2006 were satisfied in the first winter (2009/2010) but not in the second (2010/2011), but that the pursuer had failed to prove any loss.

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