WH Newson Holding Ltd & Ors v IMI Plc & Ors

WH Newson Holding Ltd & Ors v IMI Plc & Ors

AGA can be liable for contribution under the 1978 Act because the Claimants could have brought a High Court action against AGA for the same damage, regardless of section 47A procedural limitations. Section 47A does not create a new liability but a procedural route; the underlying cause of action and damage are the same.

Parties
Claimants: WH Newson Holding Limited & Ors; Defendant: IMI PLC; Defendant: IMI Kynoch Ltd; Defendant: Boliden AB; Third Party: AGA Rangemaster Group PLC; Third Party: AFG Manufacturing Ltd
Jurisdiction
England and Wales
Judgment Date
04 December 2013
Procedural Posture
Civil (competition/cartel Damages) / Case Management Hearing; Interlocutory Application for Disclosure
Outcome
Application for disclosure granted; objection to contribution claim rejected.
Legal Topics
Contribution Claims, Cartel Damages, Jurisdiction of Competition Appeal Tribunal, Disclosure of Documents
Competition Law Civil Procedure EU Law Contribution Claims Cartel Damages Jurisdiction of Competition Appeal Tribunal Disclosure of Documents

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 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

WH Newson Holding Limited & Ors

Claimants

IMI PLC

Defendant

IMI Kynoch Ltd

Defendant

Boliden AB

Defendant

AGA Rangemaster Group PLC

Third Party

AFG Manufacturing Ltd

Third Party

Procedural Posture

Civil (competition/cartel Damages) / Case Management Hearing; Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether AGA can be liable for contribution under the Civil Liability (Contribution) Act 1978 despite not being an addressee of the European Commission infringement decision
  2. 2 Whether disclosure should be ordered of documents relating to Wednesbury’s participation in the cartel

Ratio Decidendi

AGA can be liable for contribution under the 1978 Act because the Claimants could have brought a High Court action against AGA for the same damage, regardless of section 47A procedural limitations. Section 47A does not create a new liability but a procedural route; the underlying cause of action and damage are the same.

Court Disposition

Application for disclosure granted; objection to contribution claim rejected.

Orders

  • Disclosure to AGA of relevant documents held by IMI and Boliden to proceed as previously directed.