PLEASE NOTE THIS PD COMES INTO FORCE 6 APRIL 2025.

Contents of this Practice Direction

Title	Number
GENERAL	1
Definitions	Para. 1.1
Scope	Para. 1.2
Starting proceedings	Para. 1.3
Headings of documents	Para. 1.5
ALLOCATION OF APPLICATIONS	2
INTERIM REMEDIES	3
Applications by the CMA	3.4
APPEALS	4
Permission to appeal	Para. 4.3
Appellant’s notice	Para. 4.4
Respondent’s Notice	Para. 4.7
Transcripts at public expense	Para. 4.10
Stay	Para. 4.11
Appeal court’s powers	Para. 4.12
Hearing of appeals	Para. 4.13

1) GENERAL

Definitions

1.1 In this Practice Direction—

‘the 2024 Act’ means the Digital Markets, Competition and Consumers Act 2024;

‘the 2015 Act’ means the Consumer Rights Act 2015;

‘the CMA’ means the Competition and Markets Authority; and

‘the direct enforcement procedure’ means the direct enforcement powers exercisable by the CMA under Chapter 4 of Part 3 of the 2024 Act.

Scope

1.2 This Practice Direction applies to—

(a) applications under Chapter 3 of Part 3 of the 2024 Act and paragraph 16A of Schedule 5 to the 2015 Act; and

(b) appeals under section 202 of the 2024 Act and paragraph 16D of Schedule 5 to the 2015 Act against a notice issued by the CMA.

Starting proceedings

1.3 The applications referred to at paragraph 3.4 must be made using Form N244 in accordance with Part 23 and Part 25 as appropriate, subject to any modification of that procedure by this Practice Direction.

1.4 Save as above, proceedings to which this Practice Direction applies may be started by using a Part 7 or a Part 8 claim form as appropriate, subject to any modification of that procedure by this Practice Direction.

Headings of documents

1.5 The claim form and any application, affidavit, witness statement, notice or other document in proceedings to which this Practice Direction applies must be headed ‘In the matter of [the name of the respondent in question] and in the matter of [the relevant law]’, where ‘[the relevant law]’ means the 2024 Act or the 2015 Act, as the case may be.

2) ALLOCATION OF APPLICATIONS

2.1 Applications under paragraph 1.2(a) to the High Court must be issued in the King’s Bench Division.

2.2 An application for an interim enforcement order under section 159 of the 2024 Act or an application for an interim online interface order under section 162 of the 2024 Act may be determined by a Master or District Judge unless otherwise ordered.

3) INTERIM REMEDIES

3.1 Part 25 applies to applications for interim enforcement orders and interim online interface orders under sections 159 and 162 of the 2024 Act subject to paragraphs 3.2 to 3.6.

3.2 The circumstances in which an interim enforcement order or an online interface order may be made are respectively set out in sections 159 and 162 of the 2024 Act.

3.3 Rule 25.3(2) does not apply.

(The circumstances in which the court may grant an interim enforcement order or an interim online interface order where no notice of an application has been given to the respondent are set out in sections 159(3) and 162(2) of the 2024 Act respectively.)

Applications by the CMA

3.4 Paragraphs 3.5 to 3.6 apply to applications for an interim enforcement order or an online interface order made by the CMA without issuing a claim in circumstances where it intends to proceed under the direct enforcement procedure.

3.5 Rules 25.2(2) and (4) and 25.8(2) do not apply.

3.6 The evidence provided by the CMA in support of the application must include—

(a) an indicative timetable setting out how the CMA intends to proceed, with reference to relevant parts of its rules and guidance under sections 210 and 212 of the 2024 Act respectively; and

(b) the proposed return date on which the CMA will report to the court on the progress of the exercise of its direct enforcement powers.

4) APPEALS

4.1 Appeals under paragraph 1.2(b) must be issued in the King’s Bench Division.

4.2 Part 52 and Practice Direction 52D apply to appeals made under section 202 of the 2024 Act and paragraph 16D of Schedule 5 to the 2015 Act, subject to paragraphs 4.3 to 4.16.

Permission to appeal

4.3 Rule 52.3 does not apply.

Appellant’s notice

4.4 Rules 52.12(1) and (2) do not apply.

4.5 The appellant must file the appellant’s notice (Form N161) at the Kings Bench Division within the applicable time period set out in sections 202(6), (7) and (9) of the 2024 Act or paragraphs 16D(5) and (6) of Schedule 5 to the 2015 Act. The appellant’s notice must be accompanied by the appropriate fee.

4.6 The following must be provided with the appellant’s notice—

(a) a concise statement of the facts;

(b) details of the decision, penalty or direction to which the appeal relates and a copy of the relevant notice in which that decision, penalty or direction is set out;

(c) a summary of the applicable ground or grounds under sections 202(2) and (3) of the 2024 Act or paragraphs 16D(2) and (3) of Schedule 5 to the 2015 Act for contesting the decision, penalty or direction, identifying in particular—

(i) the statutory provisions under which the appeal is brought;

(ii) to what extent (if any) the appellant contends that the disputed decision, penalty or direction was based on an error of fact or was wrong in law;

(iii) to what extent (if any) the appellant contends that the amount of any penalty or the nature of any direction is unreasonable; and

(iv) to what extent (if any) the appellant contends that the disputed decision, penalty or direction was unreasonable or wrong for any other reason;

(d) a succinct presentation of the arguments supporting each of the grounds of appeal, to be as brief as the issues allow and no more than 20 pages of double-spaced A4 paper in total;

(e) a schedule listing the documents annexed to the appellant’s notice;

(f) a copy of every document (or part of a document) upon which the appellant relies, including the written statements of all witnesses of fact and expert witnesses (if any); and

(g) a statement identifying the evidence (whether witness statements or other documents annexed to the notice of appeal) the substance of which, so far as the appellant is aware, was not before the maker of the disputed decision penalty or direction.

Respondent’s notice

4.7 Rule 52.13 does not apply.

4.8 The respondent must—

(a) unless the court orders otherwise, file the respondent’s notice at the appeal court within 21 days of service of the appellant’s notice; and

(b) serve the respondent’s notice on the appellant and any other respondent as soon as practicable, and in any event not later than 7 days after it is filed.

4.9 The following must be provided with the respondent’s notice—

(a) a succinct presentation of the arguments of fact and law upon which the respondent will rely;

(b) details of any objection to the admission of evidence put forward by the appellant;

(c) a schedule listing the documents annexed to the response;

(d) a statement identifying the evidence (whether witness statements or other documents annexed to the response) the substance of which, so far as the respondent is aware, was not referred to in the disputed decision, penalty or direction, or disclosed to the appellant before that decision, penalty or direction, was made; and

(e) as far as practicable, a copy of every document (or part of a document) upon which the respondent relies including the written statements of all witnesses of fact and expert witnesses, if any, but excluding any document (or part of a document) annexed to appellant’s notice.

Transcripts at public expense

4.10 Rule 52.14 does not apply.
(Where an oral hearing is held by the CMA during the direct enforcement procedure, a transcript will be obtained by the CMA and made available to the respondent in accordance with guidance published under section 212 of the 2024 Act.)

Stay

4.11 Rule 52.16 does not apply to appeals to which section 202(8) of the 2024 Act and paragraph 16D(7) of Schedule 5 to the 2015 Act apply.

Appeal court’s powers

4.12 Rules 52.20(2)(a) to (d) do not apply.

(The relevant appeal court’s powers are set out in section 202(4) of the 2024 Act and paragraph 16D(4) of Schedule 5 to the 2015 Act.)

Hearing of appeals

4.13 Rules 52.21(1) to (3) do not apply.

(The grounds on which an appeal court may allow an appeal are set out in sections 202(2) and (3) of the 2024 Act and paragraphs 16D(2) and (3) of Schedule 5 to the 2015 Act).

4.14 The appeal court may give directions for a case management conference or pre-hearing review to be held where it considers it necessary or desirable. At such a hearing or otherwise, the court may give directions as to—

(a) the provision by the parties of statements of agreed matters;

(b) the issues on which it requires evidence, and the admission or exclusion from the proceedings of particular evidence;

(c) the nature of the evidence which it requires to decide those issues;

(d) whether the parties are permitted to provide expert evidence;

(e) any limit on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally;

(f) the way in which evidence is to be placed before the appeal court; and

(g) the provision of skeleton arguments and bundles.

4.15 In deciding whether to admit or exclude evidence, the appeal court shall have regard to whether it would be just and proportionate to admit or exclude the evidence, including by reference to the following factors—

(a) the statutory provision under which the appeal is brought and the applicable standard of review being applied by the appeal court;

(b) the prejudice that may be suffered by one or more parties if the evidence is admitted or excluded; and

(c) whether the evidence is necessary for the appeal court to determine the case.

4.16 In deciding whether to admit or exclude evidence, the substance of which was not available to the respondent before the disputed decision was taken, in addition to the factors above, the appeal court shall have regard to the reason why the party seeking to adduce the evidence had not made it available to the respondent at that time.