Daimler AG v Walleniusrederierna Aktiebolag & Ors

Daimler AG v Walleniusrederierna Aktiebolag & Ors

The court refused to order a split trial because liability and quantum could not be cleanly separated, expert evidence and disclosure would overlap, a split would likely cause delay, increased costs, and prejudice to Daimler (especially for follow-on damages), and would not assist settlement. The overriding...

Source-derived case information.

Parties
Claimant: Daimler AG; Defendant: Walleniusrederierna Aktiebolag; Defendant: Wallenius Wilhelmsen ASA; Defendant: Wallenius Logistics AB; Defendant: Wilhelmsen Ships Holding Malta Limited; Defendant: Wallenius Wilhelmsen Ocean AS; Defendant: NYK Group Europe Limited; Defendant: Compañia Sudamericana de Vapores SA
Jurisdiction
England and Wales
Judgment Date
11 February 2020
Procedural Posture
Competition Damages Claim / Case Management Conference; Application for Split Trial of Liability and Quantum
Outcome
Application for split trial dismissed
Legal Topics
Split Trial, Case Management, Cartel Damages, Jurisdiction, Disclosure, Limitation, Quantum of Damages
Competition Law Civil Procedure Split Trial Case Management Cartel Damages Jurisdiction Disclosure Limitation +1 more

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Summary, issues, holding and outcome

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Parties

Daimler AG

Claimant

Walleniusrederierna Aktiebolag

Defendant

Wallenius Wilhelmsen ASA

Defendant

Wallenius Logistics AB

Defendant

Wilhelmsen Ships Holding Malta Limited

Defendant

Wallenius Wilhelmsen Ocean AS

Defendant

NYK Group Europe Limited

Defendant

Compañia Sudamericana de Vapores SA

Defendant

Procedural Posture

Competition Damages Claim / Case Management Conference; Application for Split Trial of Liability and Quantum

Legal Issues

  1. 1 Whether to order a split trial of liability and quantum in a competition damages claim
  2. 2 Whether issues of liability and quantum can be cleanly separated
  3. 3 Whether a split trial would save time and costs or cause delay and prejudice

Ratio Decidendi

The court refused to order a split trial because liability and quantum could not be cleanly separated, expert evidence and disclosure would overlap, a split would likely cause delay, increased costs, and prejudice to Daimler (especially for follow-on damages), and would not assist settlement. The overriding objective is best served by a single trial of all issues.

Court Disposition

Application for split trial dismissed

Orders

  • The matter will proceed to a single trial of liability and quantum.