Wm Morrison Supermarkets Plc & Ors v Mastercard Inc & Ors [2013] EWHC 3271 (Comm) (08 October 2013)

Wm Morrison Supermarkets Plc & Ors v Mastercard Inc & Ors [2013] EWHC 3271 (Comm) (08 October 2013)

The proposed amendment pleads a new cause of action (concerted practices) distinct from the original claim (decision by association of undertakings), does not arise from the same or substantially the same facts, and cannot relate back to the original claim date for limitation purposes. Leave to amend is granted only for claims within six years of the application date.

Citation
[2013] EWHC 3271 (Comm)
Parties
Claimant: WM Morrison Supermarkets plc and others; Defendant: MasterCard Incorporated; Defendant: MasterCard International Incorporated; Defendant: MasterCard Europe SPRL; Defendant: MasterCard UK Members Forum Limited (in members voluntary liquidation); Defendant: MasterCard/Europay UK Limited
Jurisdiction
England and Wales
Judgment Date
08 October 2013
Procedural Posture
Commercial Court Claim / Application for Leave to Amend Particulars of Claim at Case Management Conference
Outcome
Application granted in part
Legal Topics
Limitation of Actions, Amendment of Pleadings, Breach of Statutory Duty, Concerted Practices, Association of Undertakings
Competition Law Civil Procedure Limitation of Actions Amendment of Pleadings Breach of Statutory Duty Concerted Practices Association of Undertakings

Case Brief

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Parties

WM Morrison Supermarkets plc and others

Claimant

MasterCard Incorporated

Defendant

MasterCard International Incorporated

Defendant

MasterCard Europe SPRL

Defendant

MasterCard UK Members Forum Limited (in members voluntary liquidation)

Defendant

MasterCard/Europay UK Limited

Defendant

Procedural Posture

Commercial Court Claim / Application for Leave to Amend Particulars of Claim at Case Management Conference

Legal Issues

  1. 1 Whether the proposed amendment to plead a new claim based on concerted practices constitutes a new cause of action
  2. 2 Whether the new claim can relate back to the date of the original claim under s.35(1) Limitation Act 1980
  3. 3 Whether the new claim arises out of the same or substantially the same facts as the original claim

Ratio Decidendi

The proposed amendment pleads a new cause of action (concerted practices) distinct from the original claim (decision by association of undertakings), does not arise from the same or substantially the same facts, and cannot relate back to the original claim date for limitation purposes. Leave to amend is granted only for claims within six years of the application date.

Court Disposition

Application granted in part

Orders

  • Leave to amend Particulars of Claim to plead the new claim is granted, but only for the period within six years prior to 8 October 2013; no relation back to the original claim date for the new cause of action.