Granville Technology Group Limited (in liquidation) & Ors v LG Display Co Ltd & Anor

Granville Technology Group Limited (in liquidation) & Ors v LG Display Co Ltd & Anor

A party who wishes to contend at trial that the presumption of similarity between foreign and English law does not apply is not required to plead that assertion. The presumption is an evidential inference, not a material fact, and its application is limited to circumstances where it is reasonable. The absence of a specific pleading does not preclude a party from arguing the presumption should not apply. Case management and fairness do not require exclusion of the argument at this stage.

Parties
Claimant: Granville Technology Group Limited (In Liquidation); Claimant: VMT Limited (In Liquidation); Claimant: OT Computers Limited (In Liquidation); Respondent: LG Display Co Ltd; Respondent: LG Display Taiwan Co Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial / Pre Trial Review (ptr) Ruling on Evidentiary and Pleading Issues
Outcome
Application to exclude the Defendants' argument on the presumption of similarity is refused; the issue is left to the trial judge.
Legal Topics
Applicable Law, Foreign Law Evidence, Presumption of Similarity, Cartel Damages, Limitation Periods
Private International Law Competition Law Civil Procedure Applicable Law Foreign Law Evidence Presumption of Similarity Cartel Damages Limitation Periods

Case Brief

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Parties

Granville Technology Group Limited (In Liquidation)

Claimant

VMT Limited (In Liquidation)

Claimant

OT Computers Limited (In Liquidation)

Claimant

LG Display Co Ltd

Respondent

LG Display Taiwan Co Ltd

Respondent

Procedural Posture

Commercial / Pre Trial Review (ptr) Ruling on Evidentiary and Pleading Issues

Legal Issues

  1. 1 Whether the Defendants can argue at trial that the presumption of similarity between foreign and English law does not apply without having pleaded it
  2. 2 Whether the presumption of similarity is an evidential presumption requiring specific pleading
  3. 3 Whether case management or fairness requires exclusion of the Defendants' argument at trial

Ratio Decidendi

A party who wishes to contend at trial that the presumption of similarity between foreign and English law does not apply is not required to plead that assertion. The presumption is an evidential inference, not a material fact, and its application is limited to circumstances where it is reasonable. The absence of a specific pleading does not preclude a party from arguing the presumption should not apply. Case management and fairness do not require exclusion of the argument at this stage.

Court Disposition

Application to exclude the Defendants' argument on the presumption of similarity is refused; the issue is left to the trial judge.

Orders

  • Any application for permission to appeal is adjourned and time extended until after trial judgment.