Zenith CC&P Current Awareness

CAT refuses to adjourn collective proceedings order application

11 June 2019

Prof. Suzanne Rab

Zenith's Suzanne Rab writes:

CAT refuses to adjourn collective proceedings order application

The Competition Appeal Tribunal (CAT) has published an order made on 4 June 2019 refusing the applications by London & South Eastern Railway and South Western Trains to adjourn applications to commence collective proceedings under section 47B of the Competition Act 1998 by Mr Justin Gutmann (the class representative).

The CAT’s order may be contrasted with its 17 May decision to adjourn CPO applications in two collective damages actions against truck manufacturers. The CAT found that there were manifestly strong reasons to adjourn the CPO applications due to the possibility of an appeal to the Supreme Court by Mastercard of the Court of Appeal's judgment in Merricks v MasterCard.  In that case the Court of Appeal reversed the CAT's decision to refuse a CPO.

The CAT states that the respondents in the Gutman case may renew their application following the decision of the Supreme Court on the application for permission to appeal in Merricks.

Current Awareness

By the CC&P team