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On 7 May 2010 the Court of Appeal granted BCL permission to appeal to the Court of Appeal on the question of whether the Competition Appeal Tribunal was right to dismiss an application for an extension in time for lodging a claim for damages against BASF under section 47A of the Competition Act 1988 following a European Commission decision finding that BASF had participated in the vitamins cartel. In earlier proceedings [2009] EWCA Civ 434 the Court of Appeal held that BCL’s claim was out of time since an appeal against penalty, but not liability, in the EU courts did not stop time running under the Tribunal’s rules. As a result BCL then sought an extension of time under the Tribunal’s rules which was refused by the Tribunal. The Tribunal also refused BCL permission to appeal to the Court of Appeal.
The hearing in the Court of Appeal is likely to take place before the end of the year.
Christopher Vajda QC (who was not instructed in the proceedings before the Tribunal) acted for BCL in the successful application to the Court of Appeal for permission to appeal. He is instructed by Taylor Vinters.