Commercial Court rules that effect of ORR directions is that agreement is void and unenforceable

Resource type: Legal update: archive

Status: Law stated as at 23-Mar-2007

Jurisdiction: United Kingdom

On 23 March 2007, the English Commercial Court gave judgment on the contractual impact of the Office of Rail Regulation's (ORR) finding that English Welsh and Scottish Railway Limited (EWS) had breached Chapter II prohibition and Article 82 in its contract with E.ON (UK) plc (E.ON), the effect of which was to exclude competitors from the market through the terms of that contract. The Commercial Court ruled that the relevant clauses of the agreement between EWS and E.ON had been void from the inception of the contract, and that, as a result, the whole of the contract was void and unenforceable.

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