DG of Fair Trading v Proprietary Association of Great Britain [2002] 1 All ER 853

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[2002] 1 All ER 853

Director General of Fair Trading v Proprietary Association of Great Britain and another

COURT OF APPEAL, CIVIL DIVISION

LORD PHILLIPS OF WORTH MATRAVERS MR, BROOKE AND ROBERT WALKER LJJ

11 JUNE, 26 JULY 2001

26 July 2001. The following judgment of the court, prepared by Brooke LJ, was delivered.

BROOKE LJ.

[1]

On 21 December 2000 we allowed an appeal by the Proprietary Association of Great Britain (PAGB) and the Proprietary Articles Trade Association (PATA) against an order of the Restrictive Practices Court on 17 November 2000 whereby it had declined to vacate a trial of a contested application which was then proceeding before it (see Re Medicaments and Related Classes of Goods [2001] 1 WLR 700). The grounds of the application to vacate the trial were that one member of the court had disclosed apparent bias, and that the whole of the court should recuse itself on the grounds that the other members were infected by her apparent bias.

[2]

The consequence of our direction was that the proceedings had to begin again before a reconstituted court. The new hearing started before a panel of the court presided over by Buckley J, but it came to a premature end without the need for a judgment of the court when PAGB and PATA withdrew their opposition to the relief being sought by the Director General of Fair Trading following an indication by the court that it was unsympathetic to the points they were making.

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