The Weekly Law Reports
[2021] 3 WLR 370
Supreme Court
Secretary of State for Health and another v Servier Laboratories Ltd and others
[2021] UKSC 24
2021 April 14, 15; July 2
Lord Reed PSC, Lord Hodge DPSC, Lord Lloyd-Jones, Lord Briggs, Lord Kitchin, Lord Sales, Lord Hamblen JJSC
Tort— Cause of action— Causing loss by unlawful means— Health authorities alleging proprietors and licensees of drug patent preventing sale of cheaper version of drug in United Kingdom by deceiving European Patent Office and English courts— No allegation that such unlawful conduct interfering with freedom of European Patent Office or English courts to deal with health authorities— Whether necessary element of tort that unlawful means interfered with third party’s freedom to deal with claimant