The Competition Appeal Tribunal Rules 2015

COMMENCEMENT OF PROCEEDINGS

Manner of commencing proceedings under section 47A of the 1998 Act

30.—(1) A claim under section 47A of the 1998 Act (proceedings before the Tribunal: claims for damages etc.)(1) shall be made by filing a claim form.

(2) The claim form shall state—

(a) the full name and address of the claimant;

(b) the full name and address of the claimant’s legal representative, if any;

(c) an address for service in the United Kingdom; and

(d) the name and address of the defendant to the proceedings.

(3) The claim form shall contain—

(a) a statement as to whether the claim is in respect of an infringement decision, and if so, whether that decision has become final within the meaning of section 58A of the 1998 Act (infringement decisions)(2);

(b) observations on the question in which part of the United Kingdom the proceedings of the Tribunal are to be treated as taking place under rule 18;

(c) a concise statement of the relevant facts, identifying, where applicable, any relevant findings in an infringement decision;

(d) a concise statement of any contentions of law which are relied on;

(e) the relief sought in the proceedings, including (where applicable)—

(i) an estimate of the amount claimed in damages, supported by an explanation of how that amount has been calculated;

(ii) details of any other claim for a sum of money;

(iii) in proceedings in England and Wales or Northern Ireland, a statement that the claimant is making a claim for an injunction;

(f) such other matters as may be specified by practice direction.

(4) The contents of the claim form shall be verified by a statement of truth signed and dated by the claimant or on its behalf by its duly authorised officer or legal representative.

(5) There shall be annexed to the claim form—

(a) a copy of any infringement decision referred to in paragraph (3)(a);

(b) copies of any documents referred to in the claim form;

(c) any application for the claim to be subject to the fast-track procedure under rule 58 supported by reasons for the application and cross-referenced to the claim form; and

(d) such other documents or annexes as may be specified by practice direction.

(6) Unless the Tribunal otherwise directs, the signed original of the claim form shall be accompanied by five copies of the form and its annexes certified by the claimant or its legal representative as conforming to the original.

(7) When filing the claim form the claimant shall also indicate the method by which the claimant (or the claimant’s representative) proposes to effect service on the defendant and provide any other information with regard to service of the claim form as may be specified by practice direction.

Service out of the jurisdiction

31.—(1) Where the claim form is to be served on one or more foreign defendants and the permission of the Tribunal is not required for service out of the jurisdiction, the claimant shall file with the claim form a notice verified by a statement of truth signed and dated by the claimant or on its behalf by its duly authorised officer or legal representative, setting out—

(a) the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction; and

(b) any material facts relied on.

(2) Where the permission of the Tribunal is required for service of the claim form on one or more foreign defendants out of the jurisdiction, the claimant shall make an application for permission verified by a statement of truth setting out—

(a) the address of such foreign defendant or, if not known, in what place that defendant is, or is likely, to be found; and

(b) that the claimant believes that the claim against any such foreign defendant has a reasonable prospect of success; and

(c) if under rule 30(3)(b), the claimant contends that the proceedings are to be treated as taking place in England and Wales, which ground set out in paragraph 3.1 of Practice Direction 6B of the CPR is relied on; or

(d) if under rule 30(3)(b), the claimant contends that the proceedings are to be treated as taking place in Scotland, which ground set out in Schedule 8 of the Civil Jurisdiction and Judgments Act 1982(3) is relied on; or

(e) if under rule 30(3)(b), the claimant contends that the proceedings are to be treated as taking place in Northern Ireland, which ground set out in rule 1(1) of Order 11 of the Rules of the Court of Judicature (Northern Ireland) 1980(4) is relied on; and

(f) any material facts relied on.

(3) Where paragraph (2) applies, the Tribunal shall not give permission for service out of the jurisdiction unless satisfied that the Tribunal is the proper place in which to bring the claim.

Amendments to claim form

32.—(1) A claim form may only be amended—

(a) with the written consent of all the parties; or

(b) with the permission of the Tribunal.

(2) Where any relevant period of limitation has expired, the Tribunal may permit an amendment—

(a) to add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings;

(b) to correct a mistake as to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question; or

(c) to alter the capacity in which a party claims, but only if the new capacity is one which that party had when the proceedings started or has since acquired.

(1)

1998 c. 41; section 47A was substituted by paragraph 4 of Schedule 8 to the Consumer Rights Act 2015 (c.15).

(2)

Section 58A was substituted by paragraph 14 of Schedule 8 to the Consumer Rights Act 2015.

(3)

1982 c. 27; Schedule 8 was substituted by S.I. 2001/3929 and amended by SI 2011/1484.

(4)

S.R. 1980/346; the Rules of the Supreme Court (Northern Ireland) 1980 were renamed in accordance with paragraph 3 of Schedule 11 to the Constitutional Reform Act 2005 (c.4).