BCL Old Co Ltd & Ors v BASF SE (formerly BASF AG) & Ors [2010] CAT 6 (12 February 2010)

BCL Old Co Ltd & Ors v BASF SE (formerly BASF AG) & Ors [2010] CAT 6 (12 February 2010)

Defendants are entitled to their reasonable costs for successfully opposing the applications to extend time in both claims. Each party bears its own costs for the preliminary issue and initial stages, as the preliminary issue clarified an important legal question and neither side's success was inevitable.

Citation
[2010] CAT 6
Parties
Claimant: BCL Old Co Limited; Claimant: DFL Oldco Limited; Claimant: PFF Old Co Limited; Claimant: Deans Food Limited; Claimant: Grampian Country Food Group Limited; Claimant: Grampian Country Feeds Limited; Claimant: Marshall Food Group Limited; Claimant: Cymru Country Chickens Limited; Claimant: Favor Parker Limited; Defendant: BASF SE (formerly BASF AG); Defendant: BASF PLC; Defendant: Frank Wright Limited; Defendant: Sanofi-Aventis SA; Defendant: Rhodia Limited; Defendant: F. Hoffman-La Roche AG; Defendant: Roche Products Limited
Jurisdiction
United Kingdom
Judgment Date
12 February 2010
Procedural Posture
Follow on Damages Claim Under Competition Act 1998 Section 47 a / Costs Ruling After Dismissal of Applications to Extend Time
Outcome
Defendants awarded costs for opposing applications to extend time; no order as to other costs; liberty to apply.
Legal Topics
Costs, Limitation Period, Follow on Damages, Extension of Time
Competition Law Civil Procedure Costs Limitation Period Follow on Damages Extension of Time

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

Grampian Country Food Group Limited

Claimant

Grampian Country Feeds Limited

Claimant

Marshall Food Group Limited

Claimant

Cymru Country Chickens Limited

Claimant

Favor Parker Limited

Claimant

BASF SE (formerly BASF AG)

Defendant

BASF PLC

Defendant

Frank Wright Limited

Defendant

Sanofi-Aventis SA

Defendant

Rhodia Limited

Defendant

F. Hoffman-La Roche AG

Defendant

Roche Products Limited

Defendant

Procedural Posture

Follow on Damages Claim Under Competition Act 1998 Section 47 a / Costs Ruling After Dismissal of Applications to Extend Time

Legal Issues

  1. 1 Whether defendants are entitled to costs after successfully opposing applications to extend time for lodging claims
  2. 2 Appropriate costs order following preliminary issue determination and subsequent appeal

Ratio Decidendi

Defendants are entitled to their reasonable costs for successfully opposing the applications to extend time in both claims. Each party bears its own costs for the preliminary issue and initial stages, as the preliminary issue clarified an important legal question and neither side's success was inevitable.

Court Disposition

Defendants awarded costs for opposing applications to extend time; no order as to other costs; liberty to apply.

Orders

  • BCL Claimants to pay defendants' costs of hearing on application to extend time, subject to detailed assessment if not agreed.
  • Grampian Claimants to pay defendants' costs of hearing on application to extend time, subject to detailed assessment if not agreed.