Secretary of State for Health v Servier Laboratories Ltd

Subject Matter

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

[2019] EWCA Civ 1160; [2020] Ch 717; [2019] 3 WLR 938; [2020] 2 All ER 514; [2019] WLR (D) 401, CA

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

[2021] UKSC 24; [2022] AC 959; [2021] 3 WLR 370; [2022] 1 All ER 1; The Times, 13 July 2021, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: Secretary of State for Health and Anor v Servier Laboratories Ltd and Ors [2021] UKSC 24 Case comment