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Public procurement – Competitive tendering procedure – 'Extreme urgency' exception – Damages. Court of Session: Refusing a reclaiming motion and cross-appeal in an action in which the pursuers alleged that the defenders had breached the Public Contracts (Scotland) Regulations 2006 when purchasing de-icing salt for roads over the severe weather winters of 2009/10 and 2010/11, and the defenders relied on extreme urgency to justify derogation from the tender procedures otherwise required, the court held that the commercial judge, who found in favour of the defenders, had not erred in his decisions on the merits, damages or expenses.
Public procurement – Competitive tendering procedure – 'Extreme urgency' exception – Damages. Court of Session: Refusing a reclaiming motion and cross-appeal in an action in which the pursuers alleged that the defenders had breached the Public Contracts (Scotland) Regulations 2006 when purchasing de-icing salt for roads over the severe weather winters of 2009/10 and 2010/11, and the defenders relied on extreme urgency to justify derogation from the tender procedures otherwise required, the court held that the commercial judge, who found in favour of the defenders, had not erred in his decisions on the merits, damages or expenses.
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