Part 1 of this Schedule contains provisions concerning Tribunal decisions, and provides procedures for their enforcement. Paragraph 1 of this Schedule provides the procedure relating to decisions taken by the CAT. It contains similar provisions to those currently in paragraph 4 of Schedule 8 to CA repealed by paragraph 8 5 of Schedule 5. Paragraphs provide a procedure for the enforcement of certain decisions of the Tribunal that is distinct from the procedure for the enforcement of decisions of the OFT.
Part 1 of this Schedule contains provisions concerning Tribunal decisions, and provides procedures for their enforcement. Paragraph 1 of this Cja 314 week 1 crime data provides the procedure relating to decisions taken by the CAT.
It contains similar provisions to those currently in paragraph 4 of Schedule 8 to CA repealed by paragraph 8 5 of Schedule 5. Paragraphs provide a procedure for the enforcement of certain decisions of the Tribunal that is distinct from the procedure for the enforcement of decisions of the OFT. The new provisions provide a more direct means of enforcement, both of directions given by the CAT and awards of damages and costs.
The new procedures permit most decisions of the CAT to be enforceable by registration at the High Court in England and Wales, and by corresponding procedures in Scotland and Northern Ireland.
By virtue of those procedures, the decision becomes enforceable in the same way as a judgment of the High Court or, in Scotland, the Court of Session. The CAT rules do not have to cover all of the areas mentioned, and can also cover issues that are not specified.
Part 2 includes provisions for rules to be made in relation to the rejection of proceedings by the CAT in various circumstances subject to the parties being given the opportunity to be heard. These are, in cases other than damages claims, where the person bringing the proceedings does not have sufficient interest or shows no valid grounds; in the case of damages claims, where the CAT considers that there are no reasonable grounds for the claim or that a person bringing a representative claim is not entitled to do so; and in certain circumstances where the person bringing the proceedings has previously brought vexatious proceedings or made vexatious applications.
Transfers of certain proceedings to Tribunal Section 16 provides the Lord Chancellor with a power to make regulations allowing the courts - at their discretion - to transfer to the CAT matters arising in civil proceedings that require a determination of an infringement issue.
An infringement issue is defined as any question relating to whether or not there has been an infringement of the prohibitions in Chapter I or Chapter II of CA 98 or the equivalent prohibitions in Articles 81 or 82 of the EC Treaty.
Subsection 3 provides that rules of court may be made in connection with such a transfer. Any such rules would be made in line with the arrangements for drawing up rules of court in the different legal jurisdictions in the UK.
Paragraph 25 of Schedule 4 specifies that Tribunal rules may make corresponding provision in connection with the transfer of proceedings from a court. Subsections 4 and 5 allow the courts to transfer to the CAT so much of any proceedings as relate to a damages claim to which the new section 47A of the CA 98 apply see below.
Proceedings under Part 1 of Act Section Third party appeals This section replaces the existing section 47 CA by a new version that removes the current requirement for a third party first to request the OFT to withdraw or vary its decision before having a right of appeal to the CAT. Section 47 1 specifies which decisions by the OFT may be appealed by a third party.
The decisions covered are the same as in the existing version of section 47 1.
Section 47 2 specifies that a third party appeal may only be made by a person with sufficient interest or who represents persons with sufficient interest. This preserves the existing position, but responsibility for determining whether the party has sufficient interest will lie with the CAT and not the OFT as at present.
Section 47 3 preserves the existing position under the current section 47 7. Subsection 1 inserts a new section 47A in CA that will enable claims for damages, or other monetary awards, to be brought in the CAT the CAT will also exercise the appeals jurisdiction currently exercised by the appeal tribunals of the CC, and the new review jurisdiction under Parts 3 and 4 of the Act.
However, it will be possible to bring such claims in the CAT only where it has been established by either the OFT or the European Commission that an infringement of competition law has occurred.
The right to bring such a claim will be without prejudice to the existing right to bring similar claims in the courts. The new section 47A 1 and 3 enable the CAT to hear any claims for damages or other sums of money arising from a specified infringement of competition law, which could be made in civil proceedings before a court.
The new section 47A 6 specifies the infringements of competition law in respect of which a claim may be made to the CAT.benjaminpohle.com explanatory notes relate to the Enterprise Act which received Royal Assent on 7 November They have been prepared by the Department of Trade and Industry (DTI) in order to assist the reader in understanding the Act.
They do not form part of the Act and have not been endorsed by. Freu dich drauf! Wenn Sie kurz die Augen schließen und daran denken, welche Düfte Ihre Nase täglich am Frühstückstisch betören, bleiben Ihnen zwei davon mit Sicherheit in Erinnerung.
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