National Grid Electricity Transmission Plc v ABB LTD & Ors [2014] [EWHC] 1555 (Ch) (06 May 2014)

National Grid Electricity Transmission Plc v ABB LTD & Ors [2014] [EWHC] 1555 (Ch) (06 May 2014)

Requests for further information under CPR Part 18 are appropriate and should be granted where they are necessary and proportionate to clarify matters in dispute, particularly in complex cartel damages claims where relevant information is uniquely within the defendants' knowledge and not fully addressed in disclosure or witness statements. The requests made by NGET, with certain qualifications and exceptions, fall within this scope and must be answered by the defendants.

Citation
[2012] EWHC 869
Parties
Claimant: National Grid Electricity Transmission Plc; Defendants: ABB Ltd & Ors.
Jurisdiction
England and Wales
Judgment Date
06 May 2014
Procedural Posture
Civil Competition Damages Claim (follow On) / Interim Application for Further Information (cpr Part 18) Prior to Trial
Outcome
Applications for further information under CPR Part 18 granted in part; certain requests must be answered by Siemens and Alstom defendants; some requests refused as disproportionate; permission granted for NGET to serve further and better particulars (excluding North America).
Legal Topics
Cartel Damages, Disclosure, Further Information (cpr Part 18), Follow on Actions, Pleading Requirements
Competition Law Civil Procedure Cartel Damages Disclosure Further Information (cpr Part 18) Follow on Actions Pleading Requirements

Case Brief

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Parties

National Grid Electricity Transmission Plc

Claimant

ABB Ltd & Ors.

Defendants

Procedural Posture

Civil Competition Damages Claim (follow On) / Interim Application for Further Information (cpr Part 18) Prior to Trial

Legal Issues

  1. 1 Whether defendants must provide further information under CPR Part 18 regarding operation of cartel in UK market
  2. 2 Whether requests for information are proportionate and necessary
  3. 3 Whether requests amount to seeking evidence rather than clarification of matters in dispute

Ratio Decidendi

Requests for further information under CPR Part 18 are appropriate and should be granted where they are necessary and proportionate to clarify matters in dispute, particularly in complex cartel damages claims where relevant information is uniquely within the defendants' knowledge and not fully addressed in disclosure or witness statements. The requests made by NGET, with certain qualifications and exceptions, fall within this scope and must be answered by the defendants.

Court Disposition

Applications for further information under CPR Part 18 granted in part; certain requests must be answered by Siemens and Alstom defendants; some requests refused as disproportionate; permission granted for NGET to serve further and better particulars (excluding North America).

Orders

  • Siemens defendants to answer Requests 1(a)-(e), 2, 4(b), and 5 (as qualified) regarding operation of cartel in UK.
  • Alstom defendants to answer Requests 1(a), 1(b), 2, 3, and clarify answer 5(b) regarding recipients of documents; not required to answer Request 4 regarding actions of individuals.