1098/5/7/08 (1) BCL Old Co Limited (2) DFL Oldco Limited (3) PFF Old Co Limited (4) Deans Foods Limited v (1) BASF SE (2) BASF plc (3) Frank Wright Limited

Notice of a claim for damages under section 47A of the Competition Act 1998 published on 8 April 2008. A hearing to consider a preliminary issue took place on 7 July 2008. Judgment on the preliminary issue was handed down on 25 September 2008. On 17 October 2008, the Tribunal refused the defendants’ request for permission to appeal the judgment on the preliminary issue. On 4 December 2008, the Court of Appeal granted permission to appeal. On 13 January 2009, the Tribunal ordered that the proceedings be stayed until 14 days from the handing down of judgment by the Court of Appeal. On 22 May 2009 the Court of Appeal upheld the defendants’ appeal and gave guidance on the construction of section 47A of the Competition Act 1998.

A hearing took place on 22 October 2009 to deal with an application to extend time under rule 19 of the Tribunal Rules. The Tribunal’s ruling refusing the application was handed down on 19 November 2009.

Rulings on permission to appeal and costs were handed down on Friday 12 February 2010.

On 29 April 2010, the Court of Appeal granted the appellants permission to appeal the Tribunal’s ruling refusing to extend time.

On 12 November 2010 the Court of Appeal handed down a judgment dismissing an appeal against the Tribunal’s judgment of 19 November ([2009] CAT 29) but holding that the Tribunal had been wrong to find that it had power to extend the time limit for bringing a damages claim. BCL appealed to the Supreme Court against the Court of Appeal’s judgment but confined itself to points of European law. On 24 October 2012 the Supreme Court dismissed BCL’s appeal.

This case has now been archived.