The Secretary of State for Health and another –v- Servier Laboratories and others

Tuesday 11th and Wednesday 12th June 2019

The appellants brought an action for the tort of causing loss by unlawful means against the defendants/respondents. The defendants/respondents sought to strike out paragraphs 73-78 of the Particulars of Claim on the basis that it disclosed no cause of action. Following an analysis of OBG v Allen and the tort of causing loss by unlawful means, Roth J agreed that the head of claim was bound to fail and was struck out.

The Appellants’ lower court claims, issued in 2011, are for damages against a large pharmaceutical company, to compensate for substantial losses to the NHS in England. The claims are based on alleged breaches of the EU and UK competition laws, and on the unlawful means tort. They essentially concern various actions taken by the Respondents artificially to maintain high prices for an important drug, called perindopril, used to treat hypertension and congestive heart failure.

Click here for the full lower court Judgment

Day 1

Part 1

Part 2

Part 3

Day 2

Part 1

Click here for Court of Appeal Judgment