Judgment of the Tribunal setting out its reasons for refusing Amazon's application dated 12 January 2026 to strike out the proceedings, and the Tribunal's assessment of the appropriate associated costs award. The Tribunal delivered its decision to refuse the strike out application at the hearing held on 12 February 2026, with reasons to follow in writing. This judgment sets out the Tribunal's written reasons.
Amazon argued that the proceedings should be struck out because they constitute an abuse of process, on the basis that allowing the proceedings to continue (i) would be manifestly unfair to Amazon; and (ii) would bring the administration of justice into disrepute. Conducting a merits based analysis, the Tribunal's judgment finds that Amazon has failed to establish a case of abuse, and that in any event, effective case management provides an alternative and more proportionate means to address Amazon's concerns, insofar as they are valid.
As to the parties' costs associated with the strike-out application, the Tribunal ruled at the hearing held on 12 February 2026 that (i) Amazon should pay ACSO's costs of opposing the strike out application, and (ii) ACSO should pay Amazon's costs of any submissions in response to ACSO's schedule of costs, each to be summarily assessed if not agreed. The Tribunal summarily assessed ACSO's costs in opposing the strike out application to be £75,062, and Amazon's costs of submissions responding to ACSO's schedule of costs to be £5,285. Accordingly, the judgment requires Amazon to pay ACSO the sum of £69,777 within 14 days of the date of this judgment.
