W.H. Newson Holding Ltd & Ors v IMI Plc & Anor [2015] EWHC 1676 (Ch) (16 June 2015)

W.H. Newson Holding Ltd & Ors v IMI Plc & Anor [2015] EWHC 1676 (Ch) (16 June 2015)

Section 1(4) of the Civil Liability (Contribution) Act 1978 precludes Delta from raising a limitation defence based on facts not pleaded by IMI in the main action; the court must assume the truth of facts pleaded by the claimant in the main action and not facts supporting a collateral defence not raised by the settling defendant. Since IMI did not plead the limitation defence in the main action, Delta cannot rely on it in the contribution proceedings.

Citation
[2015] EWHC 1676 (Ch)
Parties
Claimant: W. H. Newson Holding Limited and Others; Part 20 Claimant: IMI PLC; Part 20 Claimant: IMI Kynoch Limited; Part 20 Defendant: Delta (10th and 11th Part 20 Defendants)
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Chancery Division Civil Claim (contribution Proceedings) / Determination of Preliminary Issue
Outcome
Preliminary issue determined in favour of IMI; Delta precluded from raising limitation defence as set out in paragraph 18 of its Amended Defence.
Legal Topics
Contribution Proceedings, Limitation Periods, Cartel Damages, Section 1(4) Civil Liability (contribution) Act 1978, Section 32 Limitation Act 1980
Competition Law Civil Procedure Tort Law Contribution Proceedings Limitation Periods Cartel Damages Section 1(4) Civil Liability (contribution) Act 1978 Section 32 Limitation Act 1980

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Parties

W. H. Newson Holding Limited and Others

Claimant

IMI PLC

Part 20 Claimant

IMI Kynoch Limited

Part 20 Claimant

Delta (10th and 11th Part 20 Defendants)

Part 20 Defendant

Procedural Posture

Chancery Division Civil Claim (contribution Proceedings) / Determination of Preliminary Issue

Legal Issues

  1. 1 Whether section 1(4) of the Civil Liability (Contribution) Act 1978 precludes Delta from relying on a time bar defence to IMI's Part 20 claim, specifically whether Delta can argue that the Claimants' claim was time barred as set out in paragraph 18 of Delta's Amended Defence.

Ratio Decidendi

Section 1(4) of the Civil Liability (Contribution) Act 1978 precludes Delta from raising a limitation defence based on facts not pleaded by IMI in the main action; the court must assume the truth of facts pleaded by the claimant in the main action and not facts supporting a collateral defence not raised by the settling defendant. Since IMI did not plead the limitation defence in the main action, Delta cannot rely on it in the contribution proceedings.

Court Disposition

Preliminary issue determined in favour of IMI; Delta precluded from raising limitation defence as set out in paragraph 18 of its Amended Defence.

Orders

  • Section 1(4) of the Civil Liability (Contribution) Act 1978 precludes Delta from arguing that Travis Perkins' claim was time barred for the reasons set out in paragraph 18 of Delta's Amended Defence dated 16 October 2014.