Enron Coal Services Limited v English Welsh & Scottish Railway

09 Feb 2011

Follow-On Claims – When is a Finding of Fact Not a Finding of Fact?  When it is a Matter of Mere Arguable Inference

Enron Coal Services Limited’s follow-on claim against English Welsh & Scottish Railway has done much to define the CAT’s jurisdiction over follow-on claims under section 47A of the 1998 Act.  The case was the first of its kind to reach a full trial before the CAT, and has now generated two appeals to the Court of Appeal.  The most recent appeal, [2011] EWCA Civ 2, contains some encouragement for would be claimants under section 47A, by finding that section 58 of the Act does apply to the CAT.  However, overall, the case confirms that section 47A is not quite the fast route to compensation for infringements of competition law that many hoped or expected it would be.