Secretary of State for Health and others (Appellants) v Servier Laboratories Ltd and others (Respondents)
Case ID: UKSC 2019/0172
Case summary
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.
Judgment appealed
Parties
Appellant(s)
Secretary of State for Health and another
Respondent(s)
Servier Laboratories Ltd and others
Appeal
Justices
Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Briggs, Lord Kitchin, Lord Sales, Lord Hamblen
Hearing start date
14 Apr 2021
Hearing finish date
15 Apr 2021
| Watch hearing | ||
|---|---|---|
| 14 April 2021 | Morning session | Afternoon session |
| 15 April 2021 | Morning session | Afternoon session |
Judgment details
Judgment date
2 July 2021
Neutral citation
[2021] UKSC 24
| Watch Judgment summary | |
|---|---|
| 2 July 2021 | Judgment summary |