UK High Court Allows For Disclosure Of Material In Follow Up Action

On 11 April, Mr Justice Roth gave his latest judgment in National Grid Electricity Transmission plc v ABB Limited and others. The case was part of the long running follow-on damages claim being brought by National Grid against members of the Gas Insulated Switchgear cartel. In 2008, National Grid commenced proceedings against the Switchgear cartel members to seek approximately £108 million compensation plus interest for damages from being forced to pay increased prices for relevant products in the UK transmission system than would have been the case in a competitive market.

Mr Justice Roth in his latest judgment ruled that the French Defendants to the proceedings (companies within the Alstom and Areva groups) must provide disclosure of relevant documents. After considering extensive evidence from experts in French law, Roth J rejected the argument that there is a real risk of those companies being prosecuted in France under the so-called 'French Blocking Statute' (Law No. 68-678 of 26 July 1968) if they comply with a disclosure...