Wm Morrison Supermarkets Plc & Ors v Mastercard Inc & Ors

Wm Morrison Supermarkets Plc & Ors v Mastercard Inc & Ors

The proposed amendment pleads a new cause of action (concerted practice) which is factually and legally distinct from the original pleaded breach (decision by association of undertakings) and does not arise out of the same or substantially the same facts; therefore, the amendment cannot relate back to the date of the original claim for limitation purposes and is only permitted for the period within six years prior to the application date.

Parties
Claimants: 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 for Breach of Competition Law/statutory Duty / Application for Leave to Amend Particulars of Claim
Outcome
Application for leave to amend 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

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 9 Party arguments 2
Sign in to unlock

Parties

WM Morrison Supermarkets plc and others

Claimants

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 for Breach of Competition Law/statutory Duty / Application for Leave to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the proposed amendment to plead a new cause of action (concerted practice) can relate back to the date of the original claim under s.35(1) Limitation Act 1980
  2. 2 Whether the new cause of action arises out of the same facts or substantially the same facts as the original claim
  3. 3 Whether the limitation period bars the new claim for periods prior to six years before the application

Ratio Decidendi

The proposed amendment pleads a new cause of action (concerted practice) which is factually and legally distinct from the original pleaded breach (decision by association of undertakings) and does not arise out of the same or substantially the same facts; therefore, the amendment cannot relate back to the date of the original claim for limitation purposes and is only permitted for the period within six years prior to the application date.

Court Disposition

Application for leave to amend granted in part

Orders

  • Leave to amend Particulars of Claim to plead the new cause of action limited to the period within six years prior to 8 October 2013; no relation back to the start of the limitation period of the pre-existing claim.