1106/5/7/08 Enron Coal Services Limited (in liquidation) v English Welsh & Scottish Railway Limited

Claim form received on 7 November 2008 and served on 10 November 2008. Notice of a claim for damages under Section 47A of the Competition Act 1998 was published on 13 November 2008. On 1 December 2008, the Tribunal extended time for the service of the Defence until 9 January 2009. A case management conference was held on 12 January 2009. An application for part of the claim to be rejected under Rule 40 of the Tribunal Rules was heard on 5 February 2009. Judgment on that application was handed down on Thursday 12 March 2009. On 30 March 2009, the Tribunal made a ruling refusing permission to appeal. On 2 April 2009 the Tribunal ordered that the Office of Rail Regulation should disclose certain documents on its case file to the parties to these proceedings.

On 19 May 2009 the Chairman made a reasoned Order refusing the Claimant’s application to vacate and re-fix the main oral hearing.

A ruling on permission to amend and related matters was handed down on 16 June 2009.

In a judgment handed down on 1 July 2009, the Court of Appeal gave the Defendant permission to appeal and allowed its appeal. The Court of Appeal also gave permission to the Claimant to cross appeal but dismissed that appeal. By Order of the Supreme Court dated 3 February 2010, the Claimant was refused permission to appeal the order made by the Court of Appeal on 1 July 2009.

A hearing of the ‘loss of EME contract’ claim took place from 16 to 22 September 2009. On 21 December 2009, the Tribunal handed down its judgment unanimously dismissing the ‘loss of EME contract’ claim. On 9 February 2010, the Tribunal handed down a ruling unanimously refusing the Claimant’s request for permission to appeal from the judgment of the Tribunal on 21 December 2009.

On 19 January 2011 the Court of Appeal handed down its judgment dismissing the Claimant’s appeal.

This case has now been archived.