- Cited — MOL (Europe Africa) Ltd & Ors. v Mark McLaren Class Representative Ltd 2022-12-21
“…oss the burden of proof lay with the claimant (ibid paragraph [207]). Instead, the Court (ibid paragraph [211]) endorsed the conclusion of the Court of Appeal ([2018] EWCA Civ 1536 at paragraph [324]) that: “Whether or not the unlawful charge has been passed on is a question of fact, the burden of proving which lies on the defendant … who…”
- Cited — Dune Group Limited & Ors. v Visa Europe Limited & Ors 2022-10-04
“… were heard together and the subject of a single judgment of the Court of Appeal, handed down on 4 July 2018: see Sainsbury’s Supermarkets Ltd v Mastercard Inc [2018] EWCA Civ 1536, [2019] 1 All ER 903 (“Sainsbury’s CA”). The Court overturned all the judgments given below, and the Supreme Court in large part affirmed the Court of Appeal’s…”
- Doubted — NTN Corporation & Ors. v Stellantis N.V. & Ors. 2022-01-07
“…n the Sainsbury’s v Visa case stated that the principles applicable under EU law as regards mitigation are entirely consistent with those under the common law: [2018] EWCA Civ 1536 at [327]. We do not regard the Supreme Court judgment as casting doubt on that statement. Therefore a claimant such as Royal Mail or BT in a damages claim unde…”
- Cited — Britned Development Ltd v ABB AB And ABB Ltd 2019-10-31
“…eal, this court did not endorse Popplewell J’s approach, albeit for reasons which did not involve consideration of what the “broad axe” principle requires: see [2018] EWCA Civ 1536, [2018] 5 C.M.L.R 9, at [314] to [319].…”
- Cited — Britned Development Ltd v ABB AB And ABB Ltd 2019-10-31
“…3)(c)] of the supplementary judgment. On the contrary, Mr O’Donoghue says that the burden should have been on ABB: Sainsbury’sSupermarkets Ltd v Mastercard Inc [2018] EWCA Civ 1536, 5 C.M.L.R. 9, at [324]. We agree with Ms Ford, however, that Mastercardwas a “passing-on” case, which the experts agreed the present case is not. It is not on…”
- Cited — Gascoigne Halman Ltd v Agents' Mutual Ltd 2019-01-24
“…Mr Harris also took us to the recent decision of the Court of Appeal in Sainsbury’s Supermarkets Ltd v Mastercard Inc [2018] EWCA Civ 1536, [2018] 5 CMLR 9. As, however, can be seen from paragraph 37 of the Court’s judgment, by the time the matter reached the Court of Appeal it was no longer conte…”