1173/5/7/10 Deutsche Bahn AG & Others v Morgan Crucible Company PLC & Others

Deutsche Bahn AG & Others v Morgan Crucible Company PLC & Others

Case number:

1173/5/7/10 Registered: 15/12/2010

Status:

Claim form received on 15 December 2010. On 20 December 2010, the President made an Order requiring the Claimants, pursuant to Rule 63(3) of the Competition Appeal Tribunal Rules 2003 (“the Tribunal Rules”), to serve the claim form on the second to sixth defendants by any method permissible by Part 6 of the Civil Procedure Rules in respect of defendants domiciled outside the jurisdiction. On 19 April 2011, the Chairman made an Order granting the Twenty-First Claimant permission to withdraw its claim.

A hearing of an application by Morgan Crucible Company plc (“Morgan”) to strike out the claims against it took place on 12 May 2011. Judgment granting that application was handed down on 25 May 2011.

On 11 July 2011, the Tribunal handed down a ruling granting the Claimants permission to appeal the Tribunal's judgment of 25 May 2011 and on 26 July 2011 the claims were stayed pending the Court of Appeal’s judgment. On 31 July 2012, the Court of Appeal handed down a judgment, allowing the appeal by the Claimants against the Tribunal’s judgment striking out the claim as against Morgan.

On 13 September 2012 an order was made further extending the stay to proceedings pending determination of an application to the Supreme Court for permission to appeal the Court of Appeal’s judgment. On 21 December 2012, the Supreme Court granted Morgan permission to appeal and that appeal is due to be heard on 11 and 12 March 2014.

On 15 August 2013, the Tribunal handed down its ruling granting an application by the 13th-17th Claimants (the “UK Claimants”) to lift the stay in respect of their claims (the “UK Claims”) as against the 2nd-6th Defendants.

On 24 September 2013, the Chairman made two reasoned Orders. The first Order granted the Claimants permission to re-amend the Claim Form. The second Order refused the Fourth and Fifth Defendants’ applications for permission to appeal the Ruling of 15 August 2013. On 20 November 2013, the Court of Appeal handed down a judgment also refusing the 2nd-6th Defendants’ application for permission to appeal. On 25 November 2013, the Chairman of the Tribunal made a reasoned Order giving certain case management directions in relation to the UK Claims.

A case management conference took place in relation to the UK Claims on 20 January 2014. On 27 January 2014, the Chairman made two Orders, the first giving directions in relation to disclosure and certain other case management matters, while the second established a confidentiality ring for the purposes of the UK Claims.

On 2 April 2014, the Chairman made an Order staying the UK Claims for a period of three months and vacating the case management conference listed for 7 April 2014. The Order re-lists that case management conference for 4 July 2014.

On 9 April 2014 the Supreme Court handed down its judgment allowing Morgan’s appeal and restoring the Tribunal’s judgment of 25 May 2011.

On 2 May 2014, the Tribunal made an order granting the Claimants permission to withdraw their claims against the Sixth Defendant.

On 8 July 2014, the Chairman made an Order amending the disclosure Order drawn on 27 January 2014.

On 28 July 2014, the Chairman made an Order staying the proceedings until 31 August 2014.

On 9 September 2014, the Chairman made a reasoned Order giving certain case management directions regarding the non-party disclosure application.

On 29 September 2014, the Chairman adjourned the hearing listed for 29 – 30 September 2014 until 3 and 5 November 2014. This hearing was subsequently vacated.

By order dated 12 November 2014, the Chairman granted permission for all the claims in these proceedings to be withdrawn.

Diary events for this case:

  • There are currently no forthcoming diary events for this case.
  • 12 May 2011 (time estimate 1.5 days) | 10.30am - Hearing (First Defendant's Rule 40 Application)
  • 25 May 2011 | 9.30am - Handing down: Judgment (First Defendant's Rule 40 Application)
  • 11 Jul 2011 | 9.30am - Handing down: Ruling (Permission to appeal and costs)
  • 29 Jul 2013 | 10.30am - Hearing
  • 15 Aug 2013 | 2pm - Handing down: Ruling (Jurisdiction)
  • 20 Jan 2014 | 10.30am - Case management conference (UK Claims)
  • 29 - 30 Sep 2014 | 10.30am - Hearing