On 19 September 2016, pursuant to paragraph 3 of the Order for costs management, GH applied to set aside that Order in so far as it relates to the proceedings between it and the Claimant on the basis of that there was an agreement or common understanding between them prior to the Transfer Order that there would be no costs management in the Tribunal. In his capacity as a judge of the High Court, the President made orders that the Claimant pay security for costs to GH and MJ’s applications and gave judgment in relation to GH’s application ( EWHC 2315 (Ch)). The President, in his Tribunal capacity, ordered that the Tribunal proceedings be subject to costs management and gave directions for a Costs Case Management Conference (“CCMC”) to take place ( CAT 15).
On 14 September 2016 a hearing took place at Victoria House at which the President heard GH and MJ’s applications for security for costs and the Claimant’s application for costs management of the Tribunal proceedings.
GASCOIGNE HALMA TRIAL
On 26 July 2016 a Case Management Conference (“CMC”) took place at which the President gave directions to trial and on 13 September 2016 the President made an order establishing a confidentiality ring. In particular the competition issues relate to the operation of the “One Other Portal Rule” whereby participants in OTM undertook to list their properties for sale/rent on a maximum of one other portal in addition to listing on OTM. The competition issues are defined in paragraph 16 of the Transfer Order and essentially arise out of contractual provisions governing the participation of the defendants (both firms of estate agents) in an online property portal “OntheMarket” (“OTM”) established by the claimant (a mutual limited company owned by its members, all of whom are estate agents). By an order of Sir Kenneth Parker dated 5 July 2016 (“the Transfer Order”) the competition issues in claims HC-2016-000513 Agents’ Mutual Limited v Gascoigne Halman Limited (t/a Gascoigne Halman) (“GH”) and HC-2016-001149 Agents’ Mutual Limited v Moginie James Limited (“MJ”) were transferred to the Competition Appeal Tribunal.
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