A block on the selection of a provider for a £325 million contract for telecoms services to the Scottish public sector has been lifted by a Judge.

The challenge by BT was overturned by the Court of Session, with NHS National Services Scotland now free to select their preferred provider for the delivery of the Scottish Wide Area Network (SWAN).

BT had taken NHS National Services Scotland to court, claiming that its failure to be selected as a contract provider had been a due to a faulty tendering process and that the procurement competition should be re-run.

The Lord Malcolm however acknowledged that there had been failures in transparency, and that BT would be: “entitled to pursue a damages claim which, in comparison with some, will not be unduly complicated or difficult.”

NHS National Services Scotland said: "We are pleased that we are now able to proceed with the contract award and get moving with the implementation of the Scottish Wide Area Network.”

A BT spokesman said: “We are pleased that Lord Malcolm found in our favour with respect to the primary argument and agreed that the procurement regulations had been breached by NHS National Services Scotland."

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