Choice of English courts for competition damages claims
An article considering how the parties’ choice of court when bringing a claim for competition damages can have a decisive influence on the outcome of a case.
As every experienced litigator knows, the parties’ choice of court can have a decisive influence on the outcome of a case. This article examines the potential for clashes between competent courts for competition law damages claims and the risk of spawning multiple sets of proceedings with irreconcilable judgments. For competition law damages claims, a claimant currently has a choice of two courts in England and Wales (the Chancery Division of the High Court or the Commercial Court) and, from 1 October 2015 onwards, will also be able to start proceedings in the Competition Appeal Tribunal (CAT). The precise choice of court will depend on a number of strategic and practical considerations, including the type and degree of judicial or economic expertise required.
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This article was first published by Practical Law.