Judgment of the Chairman on an application for extension of time under Rule 8(2) of the Tribunal Rules by RG Carter Limited and RG Carter Building Limited (“the Applicants”). By its application, the Applicants sought permission to appeal against a decision of the OFT entitled “Bid rigging in the construction industry in England” dated (“the Decision”) 21 September 2009.
The Chairman decided that the Applicants had failed to establish any circumstances which could be regarded as exceptional within the meaning of Rule 8(2). The exceptional circumstances relied upon by the Applicants amounted to nothing more than the normal decision process that any addressee of a decision goes through when deciding whether or not to appeal. In this case, with the benefit of hindsight, the Applicants wished to change their decision not to appeal the Decision in November 2009 when time for appealing expired.
