Secretary of State for Health and Social Care & Ors v Lundbeck Ltd & Ors [2025] EWCA Civ 677 (23 May 2025)

Secretary of State for Health and Social Care & Ors v Lundbeck Ltd & Ors [2025] EWCA Civ 677 (23 May 2025)

A claim transferred from the High Court to the CAT becomes a follow-on claim under section 47A CA 1998 when a Claim Form is filed in accordance with Rule 30 of the CAT Rules. The limitation period is governed by the CAT Rules, not the Limitation Act 1980, and is two years from the date the infringement decision becomes final. The Transfer Order did not contractually estop the Claimants from relying on the CAT limitation period, as there was no clear agreement to that effect.

Citation
[2025] EWCA Civ 677
Parties
Claimant / Respondent: The Secretary of State for Health and Social Care; Claimant / Respondent: The National Health Services Business Services Authority; Claimant / Respondent: The Welsh Ministers; Claimant / Respondent: Swansea Bay University Health Board; Claimant / Respondent: Cwm Taf Morgannwg University Health Board; Claimant / Respondent: Aneurin Bevan University Health Board; Claimant / Respondent: Hywel Dda University Health Board; Claimant / Respondent: Betsi Cadwaladr University Health Board; Claimant / Respondent: Powys Teaching Health Board; Claimant / Respondent: Cardiff & Vale University Health Board; Defendant / Appellant: Lundbeck Limited; Defendant / Appellant: H. Lundbeck A/S; Defendant / Appellant: Generics (U. K.) Limited; Defendant / Appellant: Merck KGaA; Defendant / Appellant: Arrow Generics Limited; Defendant / Appellant: Arrow Group ApS; Defendant / Appellant: Resolution Chemicals Limited; Defendant / Appellant: Xellia Pharmaceuticals ApS; Defendant / Appellant: Alpharma LLC; Defendant / Appellant: A. L. Industrier AS; Defendant / Appellant: Sun Pharmaceutical Industries Limited; Defendant / Appellant: Sun Pharma UK Limited
Jurisdiction
England and Wales
Judgment Date
23 May 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Competition Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Follow on Actions, Transfer of Proceedings, Contractual Estoppel, Article 101 TFEU, Competition Act 1998, Enterprise Act 2002
Competition Law Civil Procedure Limitation Periods Follow on Actions Transfer of Proceedings Contractual Estoppel Article 101 TFEU Competition Act 1998 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Secretary of State for Health and Social Care

Claimant / Respondent

The National Health Services Business Services Authority

Claimant / Respondent

The Welsh Ministers

Claimant / Respondent

Swansea Bay University Health Board

Claimant / Respondent

Cwm Taf Morgannwg University Health Board

Claimant / Respondent

Aneurin Bevan University Health Board

Claimant / Respondent

Hywel Dda University Health Board

Claimant / Respondent

Betsi Cadwaladr University Health Board

Claimant / Respondent

Powys Teaching Health Board

Claimant / Respondent

Cardiff & Vale University Health Board

Claimant / Respondent

Lundbeck Limited

Defendant / Appellant

H. Lundbeck A/S

Defendant / Appellant

Generics (U. K.) Limited

Defendant / Appellant

Merck KGaA

Defendant / Appellant

Arrow Generics Limited

Defendant / Appellant

Arrow Group ApS

Defendant / Appellant

Resolution Chemicals Limited

Defendant / Appellant

Xellia Pharmaceuticals ApS

Defendant / Appellant

Alpharma LLC

Defendant / Appellant

A. L. Industrier AS

Defendant / Appellant

Sun Pharmaceutical Industries Limited

Defendant / Appellant

Sun Pharma UK Limited

Defendant / Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Competition Appeal Tribunal

Legal Issues

  1. 1 Whether the limitation period for a follow-on claim in the CAT is governed by the Competition Appeal Tribunal Rules or the Limitation Act 1980 when proceedings are transferred from the High Court
  2. 2 Whether the Claimants are contractually estopped by the terms of the Transfer Order from relying on the CAT limitation period

Ratio Decidendi

A claim transferred from the High Court to the CAT becomes a follow-on claim under section 47A CA 1998 when a Claim Form is filed in accordance with Rule 30 of the CAT Rules. The limitation period is governed by the CAT Rules, not the Limitation Act 1980, and is two years from the date the infringement decision becomes final. The Transfer Order did not contractually estop the Claimants from relying on the CAT limitation period, as there was no clear agreement to that effect.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The claim in the CAT is not time-barred and may proceed.