Shetland Line (1984) Ltd v Scottish Ministers

Public procurement – Tender process. Court of Session: Pronouncing decree of absolvitor in action in which the unsuccessful bidders in a competition for the award by the defenders of a contract for the provision of ferry services sought damages, contending that the defenders breached the duty of transparency imposed by reg 4(3) of the Public Contracts (Scotland) Regulations 2006 in two respects, the court rejected contentions that the defenders had failed to define the subject matter of the contract with the clarity required by law and that their evaluation of the freight proposals in the bids which had been submitted had been carried out without reference to any objective criteria.

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