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Following the consent order the Particulars of Claim have been re-amended to reflect the fact the claimant no longer pursues the allegation made at paragraph 48(1); and (b) include those additional matters relating to paragraph 48(2) of the Amended Particulars of Claim that are referred to in the Claimant’s response dated 19 May 2023 to the Defendant’s Request for Information dated 18 April 2023.

The Claimant has permission to re-amend its Particulars of Claim in order to: (a) reflect the fact that it no longer pursues the allegation made at paragraph 48(1); and (b) include those additional matters relating to paragraph 48(2) of the Amended Particulars of Claim that are referred to in the Claimant’s response dated 19 May 2023 to the Defendant’s Request for Information dated 18 April 2023.

JJH Enterprises v Microsoft Ruling (Format of Trial) [2023] CAT 36

A case management conference was held on 9 May 2023, at which the Tribunal delivered an ex tempore Ruling refusing the Defendants' application for a split trial. The Tribunal also delivered an ex tempore Ruling relating to the Defendant's application for early disclosure. On the 19 May 2023, the Tribunal made an order setting out case management conference directions.

The UK’s Competition Appeal Tribunal has refused Microsoft’s request to divide a second-hand software seller’s £270 milliondamages claim into two separate trials, saying it was not guaranteed to save costs and might even lead to a third trial.