Published on: 03 April 2025
Published by a LexisNexis Competition expert
Advocate General Kokott has issued her Opinion in Joined Cases C-672/23 Electricity & Water Authority of the Government of Bahrain and Others and C-673/23 Smurfit Kappa Europe and Others, arising from two Dutch references seeking guidance on the scope of Article 8(1) of Regulation (EU) No 1215/2012 (the Recast Brussels Regulation). The matters address whether Dutch courts may assert jurisdiction over follow-on damages claims linked to EU cartels involving numerous undertakings, some located in Amsterdam and others elsewhere...
Case C-672/23 relates to claims brought by the Electricity & Water Authority of Bahrain and others (GAB), operators of high-voltage networks in the Gulf States, seeking compensation in the wake of the Commission’s 2014 infringement decision against multiple undertakings for participation in the power cable cartel. The action is pursued not only against the addressees of that decision, but also against a wider circle of defendants, including Draka Holding BV (an Amsterdam-based undertaking) and additional entities (collectively, Draka and others) domiciled both within and beyond the Netherlands...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...