Classic Herd Ltd -v- Jersey Milk Marketing Board [2014] JRC 217 (11 November 2014)

Classic Herd Ltd -v- Jersey Milk Marketing Board [2014] JRC 217 (11 November 2014)

The claims are properly characterised as claims for breach of statutory duty, subject to a three-year limitation period, which has expired. The relationship is not contractual or quasi-contractual, and a declaration of unlawfulness is not a prerequisite to a damages claim under Article 51 of the Competition Law. The claim for a declaration that the Scheme is incompatible with the Competition Law is a public law matter and cannot be pursued in these private law proceedings.

Citation
[2014] JRC 217
Parties
Appellant/plaintiff: Classic Herd Ltd; Respondent/defendant: Jersey Milk Marketing Board
Jurisdiction
Jersey
Judgment Date
11 November 2014
Procedural Posture
Appeal / Appeal Against Master's Decision to Strike Out Parts of Claim Under Rule 6/13(1) of the Royal Court Rules 2004
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Limitation Periods, Breach of Statutory Duty, Contract Vs Statutory Regime, Quasi Contract, Declaratory Relief
Competition Law Statutory Interpretation Civil Procedure Limitation Periods Breach of Statutory Duty Contract Vs Statutory Regime Quasi Contract Declaratory Relief

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Parties

Classic Herd Ltd

Appellant/plaintiff

Jersey Milk Marketing Board

Respondent/defendant

Procedural Posture

Appeal / Appeal Against Master's Decision to Strike Out Parts of Claim Under Rule 6/13(1) of the Royal Court Rules 2004

Legal Issues

  1. 1 Whether the claims are prescribed (time-barred) under the applicable limitation period
  2. 2 Whether the relationship between the parties is contractual, quasi-contractual, or statutory
  3. 3 Whether a declaration under Article 51(5)(b) of the Competition Law is a prerequisite to a damages claim

Ratio Decidendi

The claims are properly characterised as claims for breach of statutory duty, subject to a three-year limitation period, which has expired. The relationship is not contractual or quasi-contractual, and a declaration of unlawfulness is not a prerequisite to a damages claim under Article 51 of the Competition Law. The claim for a declaration that the Scheme is incompatible with the Competition Law is a public law matter and cannot be pursued in these private law proceedings.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Plaintiff's order of justice struck out in its entirety