Thu 02 Apr 2020
Litigation in Scotland
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Article
Tender Delays in Clinical Negligence Claims: Court of Session Sets a Firm Line
The Court of Session ruled that an eight‑month delay in accepting a tender was unreasonable and awarded expenses against the pursuer. It confirmed the key factors for assessing delay and held that the 75 per cent cap on expenses cannot be reduced. The decision reinforces that pursuers must act promptly on tenders or risk cost consequences despite QOCS.
Article
First substantive UK Internal Market Act ruling: What Biffa v Scottish Ministers means for public-private contracts
The Court of Session dismisses Biffa’s £51.4m claim against the Scottish Ministers, clarifying the limits of governmental duties and the significance of the UK Internal Market Act in public-private contracts.