Agents' Mutual Ltd v Gascoigne Halman Ltd (t/a Gascoigne Halman); Agents' Mutual Ltd v Moginie James Ltd
1262/5/7/16 (T) Registered: 8/7/2016
By an order of Sir Kenneth Parker dated 5 July 2016 (“the Transfer Order”) the competition issues in claims HC-2016-000513 Agents’ Mutual Limited v Gascoigne Halman Limited (t/a Gascoigne Halman) (“GH”) and HC-2016-001149 Agents’ Mutual Limited v Moginie James Limited (“MJ”) were transferred to the Competition Appeal Tribunal.
The competition issues are defined in paragraph 16 of the Transfer Order and essentially arise out of contractual provisions governing the participation of the defendants (both firms of estate agents) in an online property portal “OntheMarket” (“OTM”) established by the claimant (a mutual limited company owned by its members, all of whom are estate agents). In particular the competition issues relate to the operation of the “One Other Portal Rule” whereby participants in OTM undertook to list their properties for sale/rent on a maximum of one other portal in addition to listing on OTM.
On 26 July 2016 a Case Management Conference (“CMC”) took place at which the President gave directions to trial and on 13 September 2016 the President made an order establishing a confidentiality ring.
On 14 September 2016 a hearing took place at Victoria House at which the President heard GH and MJ’s applications for security for costs and the Claimant’s application for costs management of the Tribunal proceedings. The President, in his Tribunal capacity, ordered that the Tribunal proceedings be subject to costs management and gave directions for a Costs Case Management Conference (“CCMC”) to take place ( CAT 15). In his capacity as a judge of the High Court, the President made orders that the Claimant pay security for costs to GH and MJ’s applications and gave judgment in relation to GH’s application ( EWHC 2315 (Ch)).
On 19 September 2016, pursuant to paragraph 3 of the Order for costs management, GH applied to set aside that Order in so far as it relates to the proceedings between it and the Claimant on the basis of that there was an agreement or common understanding between them prior to the Transfer Order that there would be no costs management in the Tribunal. Further Orders granting extensions of time for disclosure and certain of the provisions for costs management were made by the President on 23, 26 and 27 September 2016. On 30 September 2016 the President made an Order dismissing GH’s application and a judgment explaining the reasons for that Order was handed down on 7 October 2016 ( CAT 20).
Also on 19 September 2016, GH applied to vary the order for costs of its security for costs application. On 3 November 2016, the President, in his capacity as a judge of the High Court, handed down a judgment dismissing that application ( EWHC 2789 (Ch)).
The CCMC took place on 11 October 2016 and on 21 October 2016 the President handed down a judgment setting GH’s costs budget ( CAT 21).
A pre-trial review took place on 15 December 2016 at which the Chairman (Mr Marcus Smith QC) made an order dealing with various applications brought by GH and AM and also laid down further directions concerning the experts’ joint statements.
The MJ proceedings were withdrawn by consent on 6 January 2017.
On 25 January 2017, the Defendant filed an application for further directions. The Chairman gave a ruling dismissing this application on 27 January 2017 ( CAT 3).
The substantive hearing of the GH proceedings took place over 10 days between 3 and 20 February 2017. Judgment has been reserved.
A Ruling on the Defendant’s application of 9 February 2017 to admit evidence was handed down on 10 February 2017 ( CAT 5).
Diary events for this case:
- There are currently no forthcoming diary events for this case.
- 26 Jul 2016 | 11.30am - Case management conference
- 14 Sep 2016 | 10.30am - Hearing
- 11 Oct 2016 | 2:00pm - Case management conference (CCMC)
- 21 Oct 2016 | 4:00pm - Handing down hearing (Costs management judgment)
- 15 Dec 2016 | 10.30am - Case management conference (Pre-trial review)
- 3 Feb 2017 | 10.30am (time estimate of 12 days) - Hearing
- Ruling (Admissibility)
PDF 10/2/2017 89KB
- Order (Prohibiting disclosure of confidential information)
PDF 9/2/2017 52KB
- Ruling (Dismissing applications for further directions)
PDF 27/1/2017 34KB
- Order (Dismissing applications for further directions)
PDF 27/1/2017 55KB
- Order (Withdrawal of Moginie James action)
PDF 6/1/2017 48KB
- Transcript of pre-trial review
PDF 15/12/2016 773KB
- Order (Pre-Trial Review)
PDF 15/12/2016 66KB
- High Court Order (Dismissing variation of security for costs Order in Gascoigne Halman action)
PDF 15/11/2016 81KB
- Order (Costs budgets in the Gascoigne Halman action)
PDF 4/11/2016 44KB
- Judgment of the High Court of Justice (Costs of security for costs)
PDF 3/11/2016 76KB
- Order (deadline extension - factual evidence)
PDF 21/10/2016 54KB
- Judgment (Costs management - Gascoigne Halman costs budget)
PDF 21/10/2016 180KB
- Order (Costs budgets in the Moginie James action)
PDF 18/10/2016 42KB
- Transcript of costs case management conference
PDF 11/10/2016 345KB
- Judgment (Dismissing application to vary costs management)
PDF 7/10/2016 124KB
- Order (dismissing application to vary costs management)
PDF 30/9/2016 62KB
- Order (further deadline extension - disclosure)
PDF 27/9/2016 58KB
- Order (costs management deadlines and CCMC date)
PDF 26/9/2016 49KB
- Order (deadline extension - costs management & disclosure)
PDF 23/9/2016 83KB
- Transcript of the application hearing
PDF 14/9/2016 378KB
- High Court Judgment (security for costs)
PDF 14/9/2016 65KBSummary
- High Court Order (security for costs in Gascoigne Halman action)
PDF 14/9/2016 52KB
- High Court Order (security for costs in Moginie James action)
PDF 14/9/2016 41KB
- Judgment (costs management)
PDF 14/9/2016 62KBSummary
- Order (costs management)
PDF 14/9/2016 52KB
- Order (confidentiality ring)
PDF 13/9/2016 30KB
- Transcript of case management conference
PDF 26/7/2016 307KB
- Order (case management directions)
PDF 26/7/2016 82KB
- Order of the High Court (pursuant to section 16 Enterprise Act 2002)
PDF 5/7/2016 69KB