BCL Old Co Ltd & Ors v BASF SE (formerly BASF AG) & Ors [2010] CAT 5 (12 February 2010)

BCL Old Co Ltd & Ors v BASF SE (formerly BASF AG) & Ors [2010] CAT 5 (12 February 2010)

The Tribunal found no real prospect of success on any ground of appeal. The test for extension of time was correctly applied, the limitation period did not breach ECHR or EU law, and the exercise of discretion was not perverse. Permission to appeal was refused.

Citation
[2010] CAT 5
Parties
Claimant: BCL Old Co Limited; Claimant: DFL Oldco Limited; Claimant: PFF Old Co Limited; Claimant: Deans Food Limited; Defendant: BASF SE (formerly BASF AG); Defendant: BASF PLC; Defendant: Frank Wright Limited
Jurisdiction
United Kingdom
Judgment Date
12 February 2010
Procedural Posture
Application for Permission to Appeal / Post Judgment, Application for Permission to Appeal Refused
Outcome
Permission to appeal refused
Legal Topics
Limitation Periods, Extension of Time, Damages Claims, Discretion to Extend Time, Human Rights (echr), EU Law Effectiveness
Competition Law Civil Procedure Limitation Periods Extension of Time Damages Claims Discretion to Extend Time Human Rights (echr) EU Law Effectiveness

Case Brief

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Parties

BCL Old Co Limited

Claimant

DFL Oldco Limited

Claimant

PFF Old Co Limited

Claimant

Deans Food Limited

Claimant

BASF SE (formerly BASF AG)

Defendant

BASF PLC

Defendant

Frank Wright Limited

Defendant

Procedural Posture

Application for Permission to Appeal / Post Judgment, Application for Permission to Appeal Refused

Legal Issues

  1. 1 Whether the Tribunal erred in refusing to extend time for lodging proceedings under section 47A of the Competition Act 1998
  2. 2 Whether the test in The 'Al Tabith' was correctly applied
  3. 3 Whether limitation period interfered with rights under Article 6 and Article 1 Protocol 1 ECHR

Ratio Decidendi

The Tribunal found no real prospect of success on any ground of appeal. The test for extension of time was correctly applied, the limitation period did not breach ECHR or EU law, and the exercise of discretion was not perverse. Permission to appeal was refused.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused on all grounds.
  • Claimants may renew their application for permission to the Court of Appeal within 14 days.