swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Commercial - From: 2001 To: 2001
This page lists 55 cases, and was prepared on 20 May 2019.
Zenziper Grains and Feed Stuffs v Bulk Trading Corporation Ltd Times, 23 January 2001; [2000] EWCA Civ 307
23 Jan 2001
CA
Contract, Commercial, Transport
Where a standard form free-on-truck (FOT) delivery contract provided for several possible destinations for delivery, the responsibility for specifying the place of delivery fell on the seller. There was no proper analogy with an FOB contract. The vessel would be chartered by the seller, and delivered to a port agreed between the seller and the ship-owner, and the characteristics of the ship itself could restrict and control the port of delivery. There would be likely to be other goods consigned also, and it would not make commercial sense for the buyer to specify the port of delivery.
[ Bailii ]
Barret Mckenzie and Co Ltd v Escada (UK) Ltd; QBD 1-Feb-2001 - Times, 15 May 2001; [2001] EWHC QB 462; [2001] EuLR 567; [2001] All ER (D) 78
Autriche v Commission C-99/98 [2001] EUECJ C-99/98; ECLI:EU:C:2001:94; [2001] ECR I-1101
15 Feb 2001
ECJ
Commercial
(Judgment) Action for annulment - Plan to grant State aid in the field of power semiconductors - Notification of the Commission - Content of the notification and of supplementary questions put by the Commission - Nature and duration of the investigation - Commission's right of objection - Article 93(3) of the EC Treaty (now Article 88(3) EC)
[ Bailii ]
Nachi Europe C-239/99 [2001] EUECJ C-239/99
15 Feb 2001
ECJ
Commercial
(Judgment) Common commercial policy - Anti-dumping measures - Article 1(2) of Regulation (EEC) No 2849/92 - Modification of the definitive anti-dumping duty on imports of ball bearings with a greatest external diameter exceeding 30 mm originating in Japan - Reference for a preliminary ruling on whether that regulation is valid - Failure by the plaintiff in the main proceedings to bring an action seeking annulment of the regulation
[ Bailii ]
Northern Electric Plc v Econofreight Heavy Transport Ltd [2001] EWCA Civ 286
20 Feb 2001
CA
Kennedy, Dyson LLJ
Commercial, Contract
Application for leave to appeal.
Unfair Contract Terms Act 1977
[ Bailii ]
Shansal v Al-Kishtaini Times, 08 March 2001
8 Mar 2001
CA
International, Commercial, Human Rights
The restrictions imposed on trading with residents of Iraq continued to apply even if the person involved left Iraq. A simple change of address could not be allowed to be used to circumvent important international provisions. Provisions existed for assessing such residence. Even so, surprising effects might follow. In this case, the former resident would not be allowed to enforce what was an illegal contract. A claimant could not recover where to do so he would have to rely upon his own illegal act. This fell within the exemption allowed under human rights law as being in the public interest and subject to law.
Control of Gold, Securities, Payments and Credits (Republic of Iraq) Directions 1990 (1990 No 1616) - Human Rights Act 1998
Department of Trade and Industry v Cedenio Times, 22 March 2001
22 Mar 2001
QBD
Commercial, Crime
The provisions of the Act which required the owner of a business to be identified, were satisfied by the owner of the business signing his name on correspondence. The Act could not be read so as to require the addition of some phrase such as 'trading as' Similarly there was no requirement to add an explicit statement that a particular address was an address for service.
Business Names Act 1985 4(1) 4(6)
Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others; HL 27-Mar-2001 - Times, 27 March 2001; Gazette, 17 May 2001; [2001] UKHL 17; [2001] 2 All ER 193; [2002] 2 AC 205
Synstar Computer Services (UK) Ltd v ICLl (Sorbus) Ltd [2001] EWHC 569 (Ch); [2001] UKCLR 585; [2002] ICR 112; [2001] CP Rep 98
30 Mar 2001
ChD
Lightman J
Commercial, European
[ Bailii ]
Shansal v Al-Kishtaini Gazette, 26 April 2001
26 Apr 2001
CA
International, Commercial, Human Rights
The restrictions imposed on trading with residents of Iraq continued to apply even if the person involved left Iraq. A simple change of address could not be allowed to be used to circumvent important international provisions. Provisions existed for assessing such residence. Even so, surprising effects might follow. In this case, the former resident would not be allowed to enforce what was an illegal contract. A claimant could not recover where to do so he would have to rely upon his own illegal act. This fell within the exemption allowed under human rights law as being in the public interest and subject to law.
Control of Gold, Securities, Payments and Credits (Republic of Iraq) Directions 1990 (1990 No 1616) - Human Rights Act 1998
Napp Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading [2001] CAT 1; 1000/1/1/01(IR)
22 May 2001
CAT
Commercial
Judgment on request for interim relief.
In principle, prices are excessive if they "are higher than would be expected in a competitive market" and "there is no effective competitive pressure to bring them down to competitive levels, nor is there likely to be."
1 Citers
[ CAT ]
Napp Pharmaceutical Holdings Ltd v The Director General of Fair Trading [2001] CAT 1
22 May 2001
CAT
Commercial
[ Bailii ]
Interbrew S A and Interbrew UK Holdings Ltd v The Competition Commission and the Secretary of State for Trade and Industry [2001] EWHC Admin 367
23 May 2001
Admn
Commercial, European
[ Bailii ]
Commission of the European Communities v Ireland (Supported by United Kingdom, Intervener) Times, 03 September 2001
21 Jun 2001
ECJ
Commercial
Rules within the Irish republic which differentiated between imported precious metal goods and such goods produced internally, were contrary to European law as measures having effect as quantitative restrictions on imports. The rules affected were those, prohibiting distribution of imported goods with descriptions appropriate to their country of origin, requiring extra and sponsor's marks, requiring second stamping of Irish hallmarks, and establishing differences between Irish and non-Irish hallmarked goods of the same type and standard.
Agora Srl v Ente Autonomo Fiera Internazionale Di Milano Excelsior SNC De Pderotti Bruna; C v Same; ECJ 26-Jun-2001 - Times, 26 June 2001; C-223/99; [2001] EUECJ C-223/99
Shanning International Ltd (in liquidation) v Lloyds Bank plc Lloyds Bank plc v Rasheed Bank; HL 2-Jul-2001 - Times, 02 July 2001; Gazette, 23 August 2001; [2001] UKHL 31; [2001] 1 WLR 1462; [2001] 3 CMLR 14
Solo Industries UK Ltd v Canara Bank; CA 3-Jul-2001 - Gazette, 19 July 2001; Times, 31 July 2001
Philip Morris Products Inc and Another v Rothmans International Enterprises Limited and Another; CA 4-Jul-2001 - Times, 17 August 2001; Gazette, 06 September 2001; [2001] EWCA Civ 1043
NAPP Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading 1001/1/1/01; [2001] CAT 2
10 Jul 2001
CAT
Bellamy QC
Commercial
Judgment on application to extend time for service of defence.
1 Cites
1 Citers
[ CAT ]
Napp Pharmaceutical Holdings Ltd v The Director General of Fair Trading [2001] CAT 2
10 Jul 2001
CAT
Commercial
[ Bailii ]
Hendry and others v World Professional Billiards and Snooker Association Ltd [2001] EWCA Civ 1127
11 Jul 2001
CA
Henry, Robert Walker LJJ
European, Commercial
Expedited application for permission to appeal. Professional snooker players had sought an injunction to prevent their professional association bringing in a change of rules without the claimants having adequate opportunity to take advice. Held: The refusal had been a matter of the exercise of a judicial discretion. The judge had had a difficult case, but had given proper reasons for his decision, and the appeal failed.
Competition Act 1998
[ Bailii ]
Geraets-Smits v Stichting Ziekenfonds VGZ Peerbooms v Stichting CZ Groep Zorgverzekeringen Times, 03 September 2001; Case C-157/99
12 Jul 2001
ECJ
GC Rodriguez Iglesias, President and Judges C. Gulmann, A. La Pergola, M. Wathelet, V. Skouris, D. A. O. Edward, J.-P. Puissochet, P. Jann, L. Sevon, R. Schintgen and F. Macken Advocate General D. Ruiz-Jarabo Colomer
Health, Benefits, Commercial
Where a member of a sickness scheme sought treatment in another member state, it was proper to require prior authorisation, but any conditions imposed had to be justifiable and proportionate. In this case the scheme required the recognition of the treatment sought, and that immediate treatment in the country was not available. Hospital services were capable of constituting economic activity, and were accordingly required to be free of restraint by Community law. Re-imbursement by a member state's sickness benefits scheme did not take it out of the scope of Article 60. The additional restrictions were valid only in so far as they required that the treatment be tried and tested, or that equivalent treatment was available locally without undue delay.
EC Treaty Article 60 234
1 Citers
Tate and Lyle v Commission (Competition) T-204/98; [2001] EUECJ T-204/98
12 Jul 2001
ECJ
European, Commercial
Europa Competition - Sugar market - Infringement of Article 85 of the EC Treaty (now Article 81 EC) - Fines.
[ Bailii ]
Tate and Lyle plc and Others v Commission of the European Communities Times, 03 September 2001; T-204/98; T-207/98; T-202/98
12 Jul 2001
ECJ
European, Commercial
Where there had been a meeting between competing companies, and where the purpose of the meeting was anti-competitive, the unilateral disclosure by only one company of its pricing plans did not mean that there could be no question of an agreement or concerted practice under Art 85. The presence at the meeting with an anti-competitive purpose eliminated advance uncertainty about the future behaviour of its competitors, and the company would use other information it itself gained in order to determine its own future plans.
EC Treaty Art 81 (formerly art 85)
Vanbraekel and Others v Alliance nationale des mutualites chretiennes Case C-368/98 (Judgment) Times, 03 September 2001; C-368/98; [2001] EUECJ C-368/98; C-368/98
12 Jul 2001
ECJ
European, Health, Benefits, Commercial
The applicant was insured under the national health insurance scheme, but received treatment in another member state, he was entitled to be re-imbursed the higher cost even though it might be higher than the amount he would have been entitled to have claimed in his own country. To hold otherwise would discourage free supply of services through member states.
EC Treaty Article 234
[ Bailii ]
Ingmar GB Ltd v Eaton Leonard Inc; QBD 31-Jul-2001 - [2001] EWHC QB 3
David Frape v Emreco International Limited (2) [2001] ScotHC 74; [2001] ScotCS 196
2 Aug 2001
SCS
Lord McEwan
Scotland, Agency, Commercial, European
1 Cites
1 Citers
[ Bailii ] - [ ScotC ]
Societe Eram Shipping Company Ltd v Compagnie International De Navigation and Others; CA 7-Aug-2001 - Gazette, 20 September 2001; [2001] EWCA Civ 1317; [2001] All ER (Comm) 721; [2001] 2 Lloyd's Rep 627; [2002] CLC 60; [2001] 2 LLR 627; [2001] CP Rep 112
NAPP Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading 1001/1/1/01; [2001] CAT 3
8 Aug 2001
CAT
Commercial
Judgment on application to disallow parts of the defence.
1 Cites
1 Citers
[ CAT ]
Napp Pharmaceutical Holdings Ltd v The Director General of Fair Trading [2001] CAT 3
8 Aug 2001
CAT
Commercial
[ Bailii ]
Hans Schwarzkopf GmbH and Co KG v Zentrale zur Bekampfung unlauteren Wettbewerbs eV [2001] EUECJ C-169/99; C-169/99
13 Sep 2001
ECJ
European, Commercial, Consumer
ECJ Reference for a preliminary ruling: Bundesgerichtshof - Germany.
Article 6(1)(d), last sentence, of Directive 76/768/EEC, as amended by Directive 93/35/EEC - Prescribed labelling "impossible for practical reasons" - Justification for putting abbreviated forms of compulsory warnings on the containers and packaging of cosmetic products - Information provided in nine languages in the interests of greater flexibility in the marketing of cosmetic products.
Directive 76/768/EEC
[ Bailii ]
Institute of Independent Insurance Brokers v Director General of Fair Trading and similar [2001] CAT 4; 1002/2/1/01(IR)
17 Sep 2001
CAT
Commercial
[ CAT ]
Institute of Independent Insurance Brokers v Director General of Fair Trading [2001] CAT 4
17 Sep 2001
CAT
Commercial
[ Bailii ]
Mukand Ltd, Isibars Ltd, Ferro Alloys Corporation Ltd and Viraj Impoexpo Ltd v Council of the European Union T-58/99; [2001] EUECJ T-58/99; T-58/99
19 Sep 2001
ECFI
European, Commercial
Europa Anti-subsidy proceedings - Regulation (EC) No 2450/98 - Stainless steel bright bars - Injury - Causal link.
[ Bailii ]
Courage Ltd and Crehan v Crehan and Courage Ltd and Others Times, 04 October 2001; C-453/99; [2002] QB 507; [2001] EUECJ C-453/99
20 Sep 2001
ECJ
GC Rodriguez Iglesias, President and Judges C. Gulmann, M. Wathelet, V. Skouris, D. A. O. Edward, P. Jann, L. Sevon, F. Macken, N. Colneric, J. N. Cunha Rodrigues and C. W. A. Timmermans Advocate General J. Mischo
Contract, Commercial
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the tie agreement was unlawful, because the company sold beer to non-tied houses at lower prices, and so was anti-competitive. He also claimed damages. Held: The agreement was automatically void under the article which embodies a fundamental principle of EU law. Nevertheless it was for each member state to put in place laws which dealt with the consequences of such illegality on the parties. The English law preventing a party to a an illegal agreement relying upon it where it was established that that party bore significant responsibility for the distortion of competition. "It follows that this court must rule in the abstract on a situation where a breach of article 81 EC has caused loss to one of the parties to the agreement. The question whether this abstract situation corresponds to the facts in the case is a question to be decided later by the referring court and does not concern this court."
"The full effectiveness of article 85 of the Treaty and, in particular, the practical effect of the prohibition laid down in article 85(1) would be put at risk if it were not open to any individual to claim damages for loss caused to him by a contract or by conduct liable to restrict or distort competition." and "However, in the absence of Community rules governing the matter, it is for the domestic legal system of each member state to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive directly from Community law, provided that such rules are not less favourable than those governing similar domestic actions (principle of equivalence) and that they do not render practically impossible or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness)."
EC Treaty 81
1 Cites
1 Citers
[ Bailii ]
Aventis Agriculture Limited (Formerly Known As Rhone-Poulenc Agriculture Limited) v Horstine Farmery Limited [2001] EWCA Civ 1500
15 Oct 2001
CA
Contract, Commercial
[ Bailii ]
Aberdeen Journals Limited v Director General of Fair Trading [2001] CAT 5; 1005/1/1/01
16 Oct 2001
CAT
Commercial
CAT Judgment on location of the proceedings.
1 Citers
[ CAT ]
Aberdeen Journals Ltd v The Director General of Fair Trading [2001] CAT 5
16 Oct 2001
CAT
Commercial
[ Bailii ]
BT3G Limited and Others v The Secretary of State for Trade and Industry Gazette, 15 November 2001; [2001] EWCA Civ 1448
17 Oct 2001
CA
Lord Phillips MR, Lord Justice Henry
Several companies put in bids for communications licences. The auction terms required some companies to disassociate themselves from each other. The successful companies who met this requirement were required to begin payments immediately, but others were allowed to commence payments on compliance with the preconditions. The claimant sought judicial review of the decisions, as providing state aid. It was held that such fortuitous consequences of a contract could not be described as state aid, and indeed as an auction or trade sale by competitive tender, it was outside the rules against state aid.
ECTreaty Art 87(1)
[ Bailii ]
Aoot Kalmneft v Denton Wilde Sapte (A Firm) [2001] EWHC 1 (Mercantile)
29 Oct 2001
Merc
Commercial
[ Bailii ]
Hardie Polymers Ltd v Polymerland Ltd [2001] ScotCS 243
31 Oct 2001
SCS
Lord Macfadyen
Scotland, European, Agency, Damages, Commercial
1 Cites
[ ScotC ] - [ Bailii ]
Courage Ltd v Crehan [2001] EWCA Civ 1930
12 Nov 2001
CA
European, Commercial
1 Cites
1 Citers
[ Bailii ]
Zino Davidoff SA v A and G Imports Ltd etc Times, 23 November 2001; C-416/99; C-414/99; C-415/99; [2002] 1 CMLR 1; [2001] EUECJ C-414/99; [2001] EUECJ C-415/99; [2001] EUECJ C-416/99; [2002] RPC 20; [2001] ECR I-8691; [2002] 2 WLR 321; [2002] CEC 154; [2002] All ER (EC) 55; [2002] Ch 109; [2002] ETMR 9
20 Nov 2001
ECJ
Rodriguez Iglesias, P and Judges P. Jann, N. Colneric, S. von Bahr, C. Gulmann, D. A. O. Edward, A. La Pergola, J.-P. Puissochet, L. Sevon, V. Skouris and C. W. A. Timmermans Advocate General C. Stix-Hackl
Intellectual Property, European, Commercial
An injunction was sought to prevent retailers marketing in the EEA products which had been obtained outside the EEA for resale within the EEA but outside the controlled distribution system. Held: Silence alone was insufficient to constitute implied consent for the resale within the EEA of goods otherwise than in accordance with a licence from the Trade Mark owner in cases where he sought to establish a scheme of distributing only to licensed distributors and sales outlets. A consent might be implied in other circumstances. Exhaustion of rights did not take place by marketing the goods outside the EEA. Explicit consent was necessary for any exhaustion of rights, and it was for the trader alleging consent to prove it. Articles 5 to 7 of the directive embody a 'complete harmonisation' of the rules relating to the rights conferred by a trade mark, define the rights of trade mark proprietors in the Community.
Europa Trade marks - Directive 89/104/EEC - Article 7(1) - Exhaustion of the rights conferred by a trade mark - Goods placed on the market outside the EEA -Imported into the EEA - Consent of the trade mark proprietor - Whether consent required to be express or implied - Law governing the contract -Presumption of consent - Non-applicability.
(1) Articles 5 and 7TMD embodied a complete harmonisation of the rules relating to the rights conferred by a mark and the limitation on the rule of European Union exhaustion; (2) the mere fact that the proprietor of a trade mark has consented to the first marketing of goods using his mark outside the EEA does not mean that he has consented to the marketing of those goods in the EEA., and (3) the proprietor of a mark does not have to ensure that those goods bear a warning that they may not be placed on the market within the EEA. Therefore, the proprietor of a trade mark has the right to control whether or not goods using his mark are first marketed in the EEA.
Directive 89/104 5 6 7
1 Cites
1 Citers
[ Bailii ] - [ Bailii ] - [ Bailii ]
Impresa Lombardini [2001] ECR I-9233; C-286/99; [2001] EUECJ C-286/99; [2004] 1 CMLR 2
27 Nov 2001
ECJ
European, Commercial
Law Relating To Undertakings - Directive 93/37/EEC - Public works contracts - Award of contracts - Abnormally low tenders - Detailed rules for explanation and rejection applied in a Member State - Obligations of the awarding authority under Community law
Directive 93/37/EEC
[ Bailii ]
Consignia plc v Hays plc and Another Times, 24 January 2002; Gazette, 21 February 2002
11 Dec 2001
ChD
Jacob J
Commercial, Damages
The Act created a monopoly for the claimant for the delivery of post. It asserted that the defendant was acting in beach of that monopoly, and sought damages. Held: The Act made no provision for a civil claim for damages for breach of the Act. Since the right was created by statute, and the statute provided a complete code for the right, it was not possible to use any of the exceptions in the Lonhro case to found a right to damages. The legislation granted an exclusive privilege, not an exclusive right. A privilege did not give rise to an entitlement to exclude anyone else from the privilege. It was up to Parliament to do so, not the claimant.
British Telecommunications Act 1981 66
1 Cites
Krupp Thyssen Stainless v Commission (ECSC) T-47/98; [2001] EUECJ T-47/98; [2002] 4 CMLR 15; [2001] ECR II-3757
13 Dec 2001
ECJ
Commercial
ECSC Treaty - Competition - Agreements, decisions and concerted practices - Alloy surcharge - Price fixing - Rights of the defence - Duration of the infringement - Fine - Guidelines on the method of setting fines - Cooperation during the administrative procedure - Principle of equal treatment
[ Bailii ]
Commission of the European Communities (supported by United Kingdom, intervener) v French Republic Times, 19 December 2001; Case C-1/00
13 Dec 2001
ECJ
CJ Rodriguez Iglesias, P and Judges P Jann, F Macken, N. Colneric, S. von Bahr, C. Gulmann, DAO Edward, A. La Pergola, J-P Puissochet, L Sevon, M Wathelet, R Schintgen and V Skouris Advocate General J Mischo
Agriculture, European, Commercial
Europe had banned the export of beef from England to prevent the sale of BSE infected meat. The ban was lifted under strict conditions set under Community veterinary advice. The French Republic retained their ban, and continued it despite instruction from the Commission to lift it, saying that their own national Food Safety Agency said there were still unresolved questions, regarding the traceability of certain product. Those concerns remained apposite as to some pre-packed products, but as to the rest the complaint was upheld.
Colin Joseph Brazier, Brazier Scaffolding Limited v Bramwell Scafolding (Dunedin) Limited, Bruce Leonard Harvey and Bramwell Scaffolding Limited (New Zealand) No 7 of 2001; [2001] UKPC 59
18 Dec 2001
PC
Lord Slynn of Hadley Lord Hutton Lord Hobhouse of Woodborough Sir Martin Nourse Sir Murray Stuart-Smith
Commercial, Company, Commonwealth
(New Zealand) One party sought the restructuring of a company in which he owned a substantial interest. The settlement required him to undertake not to compete with the company. Later he was suspected to be acting in breach of the covenant, and his explanation was not accepted by the court. It was argued that the finding was a finding of fraud where none had been pleaded. Held: The decision did not imply any finding of fraud. An injunction had been granted to oblige the appellant not to act in breach of the covenant, but not against the man who, it had been claimed as acting as his front man. It was argued that damages could not be awarded as well as an injunction. That power existed and there was no double recovery.
Companies Act 1955 (New Zealand)
[ PC ] - [ PC ] - [ Bailii ]
Regina and The Secretary of State for Health v Association of Pharmaceutical Importers and Dowelhurst Limited [2001] EWCA Civ 1896
18 Dec 2001
CA
The Master Of The Rolls, Lord Justice Aldous, Lord Justice Ward
Health, Commercial
The applicants sought to quash the Scheme by judicial review. Prescribers under the NHS are not directly concerned with price, and that led to the need for independent regulatory controls over prices. Those controls allowed modulation of the prices, so that companies could select how the overall required price reduction was apportioned between products. That modulation was challenged. Held: It was not possible to sever the modulation provisions. There was no discriminatory effect against imports resulting from the Scheme. Appeal dismissed.
Pharmaceutical Price Regulation Scheme 1999 - Health Act 1999 33
1 Cites
[ Bailii ]
Montrod Ltd v Grundkotter Fleischvertriebs GmbH [2002] 1 WLR 1975; [2001] EWCA Civ 1954
20 Dec 2001
CA
Contract, Commercial
A beneficiary under a letter of credit does not owe a duty of care to the applicant (not the buyer) in presenting documents under the letter of credit.
1 Citers
[ Bailii ]
Bettercare Group Limited v The Director General Of Fair Trading 1006/2/1/01; [2001] CAT 6
20 Dec 2001
CAT
Commercial
CAT Judgment on identification of preliminary issue/location of proceedings/joinder of parties.
[ CAT ]
BetterCare Group Limited v Director General of Fair Trading [2001] CAT 6; 1006/2/1/01
20 Dec 2001
CAT
Commercial
[ CAT ]
Bettercare Group Ltd v The Director General of Fair Trading [2001] CAT 6
20 Dec 2001
CAT
Commercial
[ Bailii ]
Jobserve Limited v Network Multimedia Television Limited [2001] EWCA Civ 2018
21 Dec 2001
CA
Lord Justice Mummery, Lord Justice Longmore, And, Mr Justice Harrison
Commercial, Litigation Practice
The claimants sought to re-instate an injunction, claiming Jobserve were acting to abuse their dominant market position. The claimants asserted that European case law had decided the point in their favour. Both parties operated web-sites advertising jobs in the IT sector. The trade association through which most jobs became available, used the Jobserve service. Jobserve, itself not an agency, refused to accept advertisements from those who were agencies, claiming they were competitors. Held: There was an arguable case, and the injunction stood
Competition Act 1998 18
1 Cites
[ Bailii ]
Gerrard Ltd v Read and Another Times, 17 January 2002; Gazette, 27 February 2002
21 Dec 2001
ChD
Justice Blackburn
Litigation Practice, Commercial
The applicant was party to a consent order, but appealed part of it which he now asserted was unlawful. Held: It is settled law that a consent order could be varied where the whole order was vitiated because some or all of it was unlawful. Nevertheless in this case the term was not unenforceable, and the order was not to be varied.
1 Cites
