High Court dismisses “key parts” of anti-PAS 125 claims

A High Court judge today dismissed “key parts” of a claim made against The British Standards Institution by SEL-Imperial Ltd, according to a statement released by BSI.

SEL is claiming that BSI has acted anti-competitively against SEL in respect of BSI’s Kitemark scheme based on the car body repair standard, PAS 125.

This was an interim application to decide whether or not the allegations should be allowed to go to a full trial.

Describing a number of allegations made in SEL’s legal pleadings variously as “opaque” and “wholly unsustainable as a matter of law”, Mr Justice Roth ruled to strike them out of the pleadings.

SEL must now back its remaining claims with clear and accurate evidence. BSI said it will continue to defend them vigorously.

BSI said it believes the remaining claims are without merit and will ultimately fail once the facts are tested and the law is applied at a full trial.

David Ford, executive director of BSI, said: “SEL has been trying a scatter-gun approach to this litigation in the hope of making something stick.

“With this judgement, we have succeeded in narrowing the issues, and BSI is confident that, when the evidence is examined at a full trial, the court will dismiss the remaining claims.”

This post was written by:

- who has written 256 posts on CAT Magazine.

Emma has been CAT's editor since January 2008. There isn't much she doesn't know about the aftermarket - and her favourite topic is definitely BER!

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