Published on: 17 June 2025
Published by a LexisNexis Competition expert
The CMA has issued an update to its website guidance explaining how to escalate procedural matters to the Procedural Officer in CMA cases. First published in 2014, this guidance sets out the Officer’s remit, scope and the process for bringing procedural concerns and raising issues with the Procedural Officer in Competition Act 1998 investigations. The latest revision incorporates the Digital Markets, Competition and Consumers Act 2024 (DMCCA) and the functions of the Office for the Internal Market. Under the existing guidance, the Procedural Officer will determine disputes, for example in relation to the confidentiality of material the CMA proposes to publish in mergers and markets cases, where the parties have been unable to settle the point with the CMA’s senior responsible officer. Once the CMA has taken the relevant decision, parties have five working days to raise their complaint with the Procedural Officer...
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...
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