CAT orders gown supplier to
explain why its products claims were reasonable in competition damages claim
The Competition Appeal Tribunal
has ordered Churchill Gowns to respond to allegations in its competition law
damages claim that its action is barred because it fraudulently misled its
customers about its products and its director knowingly, or recklessly, spread
misleading information.
The subject-matter of the dispute
is of more than legal interest for barristers and academics as it concerns a claim
against companies Ede & Ravenscroft, William Northam and Irish Legal &
Academic of compelling academic institutions to purchase academic dress
exclusively from them.
Churchill has been asked to
explain why it maintains that it had reasonable grounds to claim that its gowns
were made entirely from recycled plastic bottles.
The case is a sober reminder of
the perils of disclosure. The claimant
disclosed over 4,600 documents into a data room and produced redacted versions
of over 400 which it renumbered after the defendant started reviewing them. The CAT ruled that Churchill Gowns should revisit
514 documents to identify 400 documents which it claimed were confidential and then
tally their names with the numbered redacted copies of the same.
The dispute is listed for trial
in January.
1351/5/7/20, Churchill Gowns
Limited and Student Gowns Limited v Ede & Ravenscroft Limited and Others
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