Court of Appeal allows appeal in limitation case. Supreme Court grants permission

14/01/13

On 31 July 2012 the Court of Appeal allowed Deutsche Bahn's appeal against a ruling of the CAT in Deutsche Bahn v Morgan Crucible (see report of the CAT Judgment in "Limitation period for cartel damages in the CAT"). Deutsche Bahn brought a claim for damages under section 47A of the 1998 Competition Act for damages alleged to have been suffered as a result of the operation of a cartel to which Morgan Crucible and other Defendants had been party.  Morgan did not appeal the findings of infringement but other Defendants did. The issue arose as to whether their appeal had postponed the limitation period for bringing proceedings against Morgan. The Court of Appeal held that the infringement decision was addressed to all Defendants collectively (and not individually as held by the CAT) and that consequently an appeal against infringement by any Defendant postponed the limitation period for all Defendants, including Morgan.

On 21 December 2012 the Supreme Court granted Morgan permission to appeal.

The judgment is here.