Judgment (Limitation)

Neutral citation:

[2005] CAT 1


28 Jan 2005



Interlocutory judgment of the Tribunal in an action for damages pursuant to section 47A of the Competition Act 1998. The Tribunal considered an application by the Defendants to strike out the claims against them on the basis that the claims had been assigned to other parties the “Purchasers” in sale and purchase agreements and that the Purchasers could not be joined to the action as the limitation period in Rule 31 of the Tribunal’s Rules had expired. The Tribunal ruled that on a true construction of the Tribunal’s Rules, in particular Rule 35, the Tribunal had the power to join the Purchasers to the action and that the Tribunal should exercise its discretion to grant the Claimants permission to join the Purchasers as defendants to the action.

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