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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

10/04/2013

National Grid Electricity Transmission Plc v ABB Ltd & Others [2013] EWHC 822 (Ch)

This is an archived article, and some links may not work. Contact us if you have any questions.

Disclosure and the French Blocking Statute: Competition Law follow-on damages


In the leading competition law follow-on damages action, National Grid v ABB and others, Mr Justice Roth has given another important interlocutory ruling. In his judgment of 11 April 2013, he had decided that the French defendants in the action are required to give disclosure under the CPR, despite the fact that, in so doing, those defendants would commit an offence under a French statute, commonly referred to as the “French Blocking Statute”. The French Blocking Statute prohibits the provision of documents or information for the purposes of establishing evidence in judicial proceedings outside France. The judge exercised his discretion in favour of ordering disclosure on the basis that it was ‘virtually inconceivable’ that the French defendants would be prosecuted in France. At the same time, he rejected the defendants’ application that the documents be provided, instead, by a judicial request to the French courts under the EC Regulation on the taking of evidence (Regulation 1206/2001).


Mr Justice Roth gave the French defendants permission to appeal and their appeal will be heard by the Court of Appeal on 25 June 2013. This will be the first decision of the Court of Appeal on the French Blocking Statute.


The National Grid case was one of only two UK cases recently shortlisted in the Litigation of the Year category for the Global Competition Law Review Awards 2013.


Stephen Morris QC appeared on behalf of the French defendants

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