Our article of 11 June 2025 set out the application by the Groceries Code Adjudicator (“the GCA”) to intervene in the matter of W Clappison Limited v Aldi Stores Limited.
The Judgment of Master Bowles (sitting in Retirement) was handed down on 16 June 2025, and granted the GCA’s application for permission to intervene in the proceedings.
In his judgment, Master Bowles was satisfied that, Mr Mark White as the GCA js ‘directly arbitrated some half dozen disputes between Retailers and Suppliers relating to the Code, as well as issuing Guidance…’ (para 18) and, as such has ‘necessarily and inevitably, applied his mind to the correct application of the Code and, therefore, the correct construction and approach to be adopted in applying the Code within the wide range of circumstances and products embraced by the Code.’
Ultimately, Master Bowles accepted that (at para 35 and 36):
‘[the GCA] is plainly well equipped to assist the court in respect of the wider context in which the incorporated terms relevant to the current dispute fall to be understood and construed.
In particular, the GCA will be able…to make submissions to the court as to the intended construction of the Code and the incorporated terms of the Code having regard to that purpose and that mischief and the policy considerations and context relevant to the Code and its terms.’
Interestingly, there was also some discussion in the judgment as to the timing of the intervention, and whether it is, in fact, a matter more properly to be dealt with on appeal. However, the Court accepted the submission of Mr McClelland KC for the GCA that the reason that interventions are normally at the appellate stage is that before then a potential intervener does not normally have sufficient knowledge of the dispute in which it could assist.
In practical terms, this matter is now progressing to trial, scheduled to take place in April 2026. Given the impact that this may have in the Groceries sector, a decision is awaited with interest.
The full judgment can be read here.
If you have any questions about the Groceries Supply Code of Practice and The Groceries (Supply Chain Practices) Market Investigation Order 2009, you can contact our expert food and beverage lawyers.
