The Competition Appeal Tribunal Rules 2003

RESPONSE TO A CLAIM FOR DAMAGES

Acknowledgment and notification

36.—(1) On receiving a claim the Registrar shall send an acknowledgment of receipt to the claimant and send a copy of the claim form to the defendant.

(2) Within 7 days of receipt of the copy of the claim form from the Registrar the defendant shall send to the Registrar an acknowledgment of service of the claim form in such form as the President may direct.

Defence to a claim for damages

37.—(1) Within 28 days of receipt of the copy of the claim form from the Registrar the defendant shall send to the Registrar a defence setting out in sufficient detail which of the facts and contentions of law in the claim form it admits or denies, on what grounds and on what other facts or contentions of law it relies.

(2) The contents of the defence shall be verified by a statement of truth signed and dated by the defendant or on his behalf by his duly authorised officer or his legal representative.

(3) Unless the Tribunal otherwise directs, the signed original of the defence (and its annexes) must be accompanied by ten copies certified by the defendant or his legal representative as conforming to the original.

Additional claims

38.—(1) A defendant may make a counterclaim against a claimant or a claim against any other person—

(a) without the Tribunal’s permission if he includes it with his defence;

(b) at any other time with the Tribunal’s permission.

(2) Rules 31, 32(2), (3), (4) and (5) shall apply to claims or counterclaims under this rule and rules 36 and 37 shall apply to the response to such claims, subject to any direction by the Tribunal to the contrary.

Further pleadings

39.  No further pleadings may be filed without the permission of the Tribunal.