The Law Reports (Chancery Division)
[2020] Ch 717
Court of Appeal
Secretary of State for Health and another v Servier Laboratories Ltd and others
[2019] EWCA Civ 1160
2019 June 11, 12; July 12
Sir Terence Etherton MR, Longmore, McCombe LJJ
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 tort of causing loss by unlawful means made out— Whether essential ingredient of tort that defendant’s unlawful conduct interfered with third party’s liberty to deal with claimant