A.S.I. Sugar Ltd. v. Greencore Group Plc & Ors [2003] IEHC 131 (11 February 2003)

A.S.I. Sugar Ltd. v. Greencore Group Plc & Ors [2003] IEHC 131 (11 February 2003)

The plaintiff's replies to the defendants' notice for further and better particulars are inadequate in certain respects. The plaintiff must provide further particulars regarding the names of customers allegedly lost, specify the wrongful acts relied upon, distinguish between retail and industrial markets in its loss calculations, and quantify certain heads of special damage. It is not necessary for the plaintiff to relate each wrongful act to each head of damage, but cumulative loss must be properly particularised.

Citation
[2003] IEHC 131
Parties
Plaintiff: A. S. I. Sugar Limited; Defendant: Greencore Group Plc; Defendant: Irish Sugar Plc; Defendant: Sugar Distributors Limited
Jurisdiction
Ireland
Judgment Date
11 February 2003
Procedural Posture
Plenary Summons / Interlocutory Application for Further and Better Particulars
Outcome
Order for further and better particulars granted in part.
Legal Topics
Abuse of Dominant Position, Article 82 (ex Article 86) EC Treaty, Article 85 EC Treaty, Competition Act 1991 (ireland), Pleading Requirements, Statutory Duty, Damages, Special Damages, Aggravated/punitive Damages
Competition Law Commercial Law European Union Law Abuse of Dominant Position Article 82 (ex Article 86) EC Treaty Article 85 EC Treaty Competition Act 1991 (ireland) Pleading Requirements +4 more

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Parties

A. S. I. Sugar Limited

Plaintiff

Greencore Group Plc

Defendant

Irish Sugar Plc

Defendant

Sugar Distributors Limited

Defendant

Procedural Posture

Plenary Summons / Interlocutory Application for Further and Better Particulars

Legal Issues

  1. 1 Whether the plaintiff has adequately replied to the defendants' notice for further and better particulars regarding its claim of abuse of dominant position and resulting damages.
  2. 2 Whether the plaintiff's pleadings sufficiently particularise the alleged wrongful acts and the causal connection to the losses claimed.

Ratio Decidendi

The plaintiff's replies to the defendants' notice for further and better particulars are inadequate in certain respects. The plaintiff must provide further particulars regarding the names of customers allegedly lost, specify the wrongful acts relied upon, distinguish between retail and industrial markets in its loss calculations, and quantify certain heads of special damage. It is not necessary for the plaintiff to relate each wrongful act to each head of damage, but cumulative loss must be properly particularised.

Court Disposition

Order for further and better particulars granted in part.

Orders

  • Plaintiff to furnish further and better particulars in response to specified paragraphs of the defendants' notice for particulars, including identification of customers, specification of wrongful acts, distinction between retail and industrial markets in loss calculations, and quantification of special damages.