Consumers' Association v JJB
30 January 2009
[2009] CAT 2
Facts:
A claim to the CAT had been compromised. One of the terms of the compromise was that costs should be assessed by the SCCO. The claimant applied, however, for the costs to be assessed by the CAT.
Held:
The CAT was not bound by the parties' agreement. Rule 55(3) of the Competition Appeal Tribunal Rules 2003 gave the CAT a discretion about how costs were to be assessed. In general, if costs could be assessed by way of a lump sum, the CAT should assess them. If a detailed assessment was required, then the SCCO should carry out the assessment. In an appropriate case the CAT could carry out a detailed assessment. This was not such a case as it was of considerable complexity.