Visit JCPCUKSC/2019/0172
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TORT
Secretary of State for Health and others (Appellants) v Servier Laboratories Ltd and others (Respondents)
Case summary
Case ID
UKSC/2019/0172
Parties
Appellant(s)
Secretary of State for Health and another
Respondent(s)
Servier Laboratories Ltd and others
Issue
Whether the "dealing requirement" is a constituent part of the tort of causing loss by unlawful means.
Facts
The Respondent ("Servier") was granted a patent ("the Patent"), which related to medical drugs, by the European Patent Office ("EPO"). After a challenge to the Patent, which was upheld by the Court of Appeal in 2008, the EPO Technical Board of Appeal revoked the Patent. The Appellants ("the NHS") claim damages from Servier on the basis of the unlawful means tort because, the NHS alleges, Servier obtained the Patent from the EPO and subsequently defended the Patent in both the EPO and English courts on the basis of representations about the Patent’s novelty. Servier, the NHS alleges, knew these representations to be false or were made with reckless indifference to their truth. This is said to have caused economic loss to the NHS, as it has not been able to buy cheaper drugs.
Date of issue
9 August 2019
Judgment appealed
Judgment details
Judgment date
2 July 2021
Neutral citation
[2021] UKSC 24
Judgment links
Judgment summary
2 July 2021
Appeal
Justices
Hearing dates
Full hearing
Start date
14 April 2021
End date
15 April 2021
Watch hearings
14 April 2021 - Morning session
14 April 2021 - Afternoon session
15 April 2021 - Morning session
15 April 2021 - Afternoon session
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Change log
Last updated 16 April 2024