BHB Enterprises plc v Victor Chandler (International) Ltd [2005] EWHC 1074 (Ch) (27 May 2005)

BHB Enterprises plc v Victor Chandler (International) Ltd [2005] EWHC 1074 (Ch) (27 May 2005)

The PA/VCI agreement is conditional on VCI having a valid licence from BHB and subject to BHB's restrictions; PA is entitled to terminate supply if VCI lacks such a licence or challenges BHB's rights. VCI's competition law allegations are inadequately pleaded and do not establish unfair pricing or abuse of dominance. Permission to join PA, amend pleadings, or obtain interim relief is refused.

Citation
[2005] EWHC 1074 (Ch)
Parties
Claimant: BHB Enterprises plc; Defendant/part 20 Claimant: Victor Chandler (International) Limited; Part 20 Claimant: Newcote Services Limited; Part 20 Defendant: PA News Limited; Part 20 Defendant: British Horseracing Board Limited
Jurisdiction
England and Wales
Judgment Date
27 May 2005
Procedural Posture
Commercial/contract/competition Law / Interlocutory Application for Joinder, Amendment, and Interim Injunction
Outcome
Applications refused
Legal Topics
Database Rights, Breach of Contract, Abuse of Dominant Position, Interim Injunctions, Procurement of Breach of Contract, Unlawful Interference With Trade
Contract Law Competition Law Intellectual Property Database Rights Breach of Contract Abuse of Dominant Position Interim Injunctions Procurement of Breach of Contract +1 more

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Parties

BHB Enterprises plc

Claimant

Victor Chandler (International) Limited

Defendant/part 20 Claimant

Newcote Services Limited

Part 20 Claimant

PA News Limited

Part 20 Defendant

British Horseracing Board Limited

Part 20 Defendant

Procedural Posture

Commercial/contract/competition Law / Interlocutory Application for Joinder, Amendment, and Interim Injunction

Legal Issues

  1. 1 Whether PA News Limited can be joined as a Part 20 Defendant for alleged breach of contract
  2. 2 Whether VCI can amend its pleadings to allege abuse of dominant position under Competition Act 1998 and Article 82 EC Treaty
  3. 3 Whether interim injunctive relief should be granted to prevent termination of data feed

Ratio Decidendi

The PA/VCI agreement is conditional on VCI having a valid licence from BHB and subject to BHB's restrictions; PA is entitled to terminate supply if VCI lacks such a licence or challenges BHB's rights. VCI's competition law allegations are inadequately pleaded and do not establish unfair pricing or abuse of dominance. Permission to join PA, amend pleadings, or obtain interim relief is refused.

Court Disposition

Applications refused

Orders

  • Refusal of permission to join PA News Limited as Part 20 Defendant
  • Refusal of permission to amend pleadings to allege abuse of dominant position