WH Newson Holding Limited & Ors v IMI Plc & Ors [2013] EWCA Civ 1377

14 Nov 2013

On 12 November 2013, the Court of Appeal gave judgment in an appeal concerning the scope of the statutory remedy available under s.47A of the Competition Act 1998 in follow-on damages actions. S.47A does not specify the type of claim upon which follow-on actions might be brought. Such claims (being claims alleging a breach of EU law) are ordinarily pursued as breaches of statutory duty. This appeal considered whether s.47A encompassed claims beyond breach of statutory duty, and in this case, conspiracy. The Court of Appeal confirmed that s.47A was not limited to claims for breach of statutory duty but disagreed with Roth J who found that the Appellant could pursue one of their two pleaded claims in conspiracy.