Judgment (Permission to amend the notice of appeal and adduce further evidence)

Neutral citation:

[2007] CAT 34


23 Nov 2007



Rapture applied for permission to amend its notice of appeal and adduce further evidence including proposed expert evidence.

The Tribunal considered the application of Rules 8(6) and 11 of the Tribunal Rules which govern the filing of witness and expert evidence, and amendments to pleadings, respectively.

The Tribunal granted permission for some of Rapture’s proposed amendments. Other proposed amendments were refused either in the exercise of the Tribunal’s discretion under Rule 11(1), or because they raised new grounds of appeal and none of the conditions of Rule 11(3) was met.

The Tribunal granted permission for Rapture to file an additional witness statement, but refused permission for the filing of the proposed expert evidence on the basis that the proposed evidence did not conform to the requirements applicable to expert evidence under the Tribunal Rules.

This is an unofficial summary prepared by the Registry of the Competition Appeal Tribunal.