Arthur Aldcroft v The International Cotton Association Limited (High Court of Justice, Commercial Court CL-2015-000814)

Procedural record

1. 30 March 2017United Kingdom

   30 March 2017United Kingdom

   Judgment of the High Court of Justice, Commercial Court in the case CL-2015-000814 dated 30 March 2017

   High Court of Justice, Commercial Court

   Case no.

   CL-2015-000814

   Citation

   [2017] EWHC 642 (Comm)

   Decision summary

   The court dismissed Arthur Aldcroft’s claim for declarations and injunctions challenging the International Cotton Association’s 3 and 8 rule as an unreasonable restraint of trade. It held that the rule was not subject to the restraint of trade doctrine, and that, in any event, its limits on repeat appointments and active first-tier arbitrations pursued legitimate ICA objectives and fell within the range of options reasonably open to the Association.

   Participants

   Arthur Aldcroft

   Representative

   Dermot Woolgar (For: Arthur Aldcroft)

   Representative

   Stitt & Co. (For: Arthur Aldcroft)

   The International Cotton Association Limited

   Representative

   Simon Croall QC (For: The International Cotton Association Limited)

   Representative

   Greg Plunkett (For: The International Cotton Association Limited)

   Representative

   Hill Dickinson LLP (For: The International Cotton Association Limited)

   High Court of Justice, Commercial Court

   Judge

   David Foxton QC

   Other

   Witness

   Helen Anderson

   Witness

   Ann Adlington

   Witness

   Kai Hughes

   Witness

   Terry Townsend

   Witness

   Jamie Welsh

   Witness

   Mohit Shah

   Witness

   Dhirn Sheth

   Witness

   Yahya Saleem

   Authorities cited

   4

   • Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd ([1968] AC 269)
     case-law
   • The Pharmaceutical Society of Great Britain v Dickson ([1970] AC 403)
     case-law
   • Nagle v Feilden ([1966] 2 QB 633)
     case-law
   • Geoffrey and Anne Lewis v Interflora (Ftda) Bu Limited ([1990] ECC 178)
     case-law