Electrical Waste Recycling Group Ltd & Anor v Philips Electronics Uk Ltd & Ors

Electrical Waste Recycling Group Ltd & Anor v Philips Electronics Uk Ltd & Ors

Permission to amend the particulars of claim is granted. The amendments, though extensive, are not so fundamentally new as to justify refusal, and the defendants have not established sufficient prejudice to displace the presumption in favour of amendment. The trial date must be vacated and relisted for January 2013 to allow for further disclosure and preparation. The question of whether to split the trial between liability and quantum is deferred pending further submissions and clarification of the issues to be tried at each stage.

Parties
Claimant: Electrical Waste Recycling Group Limited; Claimant: City Electrical Factors Limited; Defendant: Philips Electronics UK Limited; Defendant: GE Lighting Limited; Defendant: Osram Limited; Defendant: Havells Sylvania UK Limited; Defendant: Recolight Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2011
Procedural Posture
Civil (competition/commercial) / Interlocutory Application for Permission to Amend Pleadings and for Case Management Directions
Outcome
Permission to amend granted; trial adjourned; split trial decision deferred; costs reserved.
Legal Topics
Abuse of Dominance, Restrictive Agreements, Disclosure, Case Management, Amendment of Pleadings, Producer Responsibility, Market Structure, Damages
Competition Law Commercial Law Regulatory Law Abuse of Dominance Restrictive Agreements Disclosure Case Management Amendment of Pleadings +3 more

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Parties

Electrical Waste Recycling Group Limited

Claimant

City Electrical Factors Limited

Claimant

Philips Electronics UK Limited

Defendant

GE Lighting Limited

Defendant

Osram Limited

Defendant

Havells Sylvania UK Limited

Defendant

Recolight Limited

Defendant

Procedural Posture

Civil (competition/commercial) / Interlocutory Application for Permission to Amend Pleadings and for Case Management Directions

Legal Issues

  1. 1 Whether permission should be granted to amend the particulars of claim to clarify and extend competition law allegations
  2. 2 Whether the amendments introduce new claims or merely clarify existing ones
  3. 3 Whether the trial should be split between liability and quantum

Ratio Decidendi

Permission to amend the particulars of claim is granted. The amendments, though extensive, are not so fundamentally new as to justify refusal, and the defendants have not established sufficient prejudice to displace the presumption in favour of amendment. The trial date must be vacated and relisted for January 2013 to allow for further disclosure and preparation. The question of whether to split the trial between liability and quantum is deferred pending further submissions and clarification of the issues to be tried at each stage.

Court Disposition

Permission to amend granted; trial adjourned; split trial decision deferred; costs reserved.

Orders

  • Permission granted to claimants to re-amend particulars of claim as proposed.
  • Trial date vacated; new trial to be listed for January 2013.