Electrical Waste Recycling Group Ltd & Anor v Philips Electronics Uk Ltd & Ors [2011] EWHC 3747 (Ch) (16 December 2011)

Electrical Waste Recycling Group Ltd & Anor v Philips Electronics Uk Ltd & Ors [2011] EWHC 3747 (Ch) (16 December 2011)

Permission to amend the pleadings is granted because the amendments, while extensive, are not wholly new and are discernible in the existing pleadings. There is no binding agreement limiting disclosure to pre-December 2009, so further disclosure is permitted. The trial date in July 2012 is unachievable due to the...

Source-derived case information.

Citation
[2011] EWHC 3747 (Ch)
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 Law) / Interlocutory Application for Permission to Amend Pleadings and for Case Management Directions
Outcome
Application granted in part; amendments to pleadings permitted; trial adjourned to January 2013; issue of split trial deferred.
Legal Topics
Pleading Amendments, Disclosure, Article 101 TFEU, Article 102 TFEU, Section 2 Competition Act 1998, Section 18 Competition Act 1998, Case Management, Split Trial, WEEE Regulations
Competition Law Civil Procedure Pleading Amendments Disclosure Article 101 TFEU Article 102 TFEU Section 2 Competition Act 1998 Section 18 Competition Act 1998 +3 more

Source-derived case record

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 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 Law) / Interlocutory Application for Permission to Amend Pleadings and for Case Management Directions

Legal Issues

  1. 1 Whether permission should be granted to the claimants to amend their pleadings to clarify and extend their competition law claims
  2. 2 Whether further disclosure should be ordered for periods after December 2009
  3. 3 Whether the trial should be split between liability and quantum

Ratio Decidendi

Permission to amend the pleadings is granted because the amendments, while extensive, are not wholly new and are discernible in the existing pleadings. There is no binding agreement limiting disclosure to pre-December 2009, so further disclosure is permitted. The trial date in July 2012 is unachievable due to the necessary additional disclosure and preparation; the trial is adjourned to January 2013. The issue of whether to split the trial between liability and quantum is deferred for further consideration.

Court Disposition

Application granted in part; amendments to pleadings permitted; trial adjourned to January 2013; issue of split trial deferred.

Orders

  • Permission granted to claimants to amend pleadings as proposed, subject to costs and further argument on paragraph 105A.
  • Further disclosure ordered for periods after December 2009 as required by the amendments.