The Secretary of State for Health and Another v Servier Laboratories Ltd and Others: CA 12 Jul 2019

Appeal against a paragraph of an order by which the judge struck out the claim of the appellant, the Secretary of State for Health and the NHS Business Services Authority that the third respondent is liable for interfering with the NHS’s economic interests by unlawful means.

Judges:

Sir Terence Etherton MR, Lord Justice Longmore and Lord Justice McCombe

Citations:

[2019] EWCA Civ 1160

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromThe Secretary of State for Health and Another v Servier Laboratories Ltd and Others ChD 2-Aug-2017
Roth J struck out the unlawful means tort claim, saying that, in OBG ‘the ratio of Lord Hoffmann’s determination of the elements of the tort is in para 51’ of his speech: ‘Unlawful means therefore consists of acts intended to cause loss to the . .
See AlsoThe Secretary of State for Health and Another v Servier Laboratories Ltd and Others CA 27-Jun-2019
The Court was asked how far the EU law principle of res judicata can be relied on by the Appellants as establishing facts which they wish to prove in their defences to the damages claims brought by the Respondents. Servier submits that certain . .

Cited by:

See AlsoThe Secretary of State for Health and Another v Servier Laboratories Ltd and Others CA 12-Jul-2019
The SS said that the respondent had knowingly made false assertions in its defence of a patent. This had unlawfully maintained the patent, causing the appellant to pay more for associated drugs. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Torts – Other

Updated: 26 March 2022; Ref: scu.648853