Wales & West Utilities Limited v Competition and Markets Authority

Parties

Procedural Posture

Judicial Review / Interlocutory Application Ruling

Legal Issues

1. 1 Whether Scottish Hydro Electric Transmission PLC (SSEN-T) is an interested party in the judicial review proceedings under CPR 54.1(2)(f) and PD 54A 4.6(2)
2. 2 Whether SSEN-T may advance detailed grounds supporting the claim, including by reference to the Cost of Equity issue
3. 3 Whether SSEN-T's submissions constitute impermissible new grounds requiring permission

Ratio Decidendi

SSEN-T was a party to the joined appeals before the CMA tribunal and is therefore an interested party under PD 54A 4.6(2). SSEN-T is directly affected by the claim, as the legal framework and any relief granted would impact its position in the joined appeals. SSEN-T's submissions do not constitute new, independent grounds but illustrate the practical effect of the error alleged by the Claimant. There is no requirement for permission to advance such submissions under CPR 54.14(1). The Defendant's application to exclude or limit SSEN-T's participation, or to strike out its submissions, is refused.

Court Disposition

Defendant's application refused in its entirety; SSEN-T remains an interested party; directions to be given for substantive hearing.

Orders

• Defendant's application to remove SSEN-T as interested party refused.
• Defendant's application to strike out or limit SSEN-T's detailed grounds refused.