SEL-IMPERIAL LTD and THE BRITISH
STANDARDS INSTITUTION
Application by BSI to strike out SEL’s claim in the High Court
Mr Justice Roth has today dismissed key parts of the claim made against The British Standards Institution (“BSI”) by SEL-Imperial Ltd (“SEL”) that BSI has acted anti-competitively against SEL in respect of BSI's Kitemark® scheme based on PAS 125. This was an interim application to decide whether or not the allegations should be allowed to go to a full trial.
Mr Justice Roth has today dismissed key parts of the claim made against The British Standards Institution (“BSI”) by SEL-Imperial Ltd (“SEL”) that BSI has acted anti-competitively against SEL in respect of BSI's Kitemark® scheme based on 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’, the judge ruled to strike them out of the pleadings. SEL must now back its remaining claims with clear and accurate evidence, and BSI will continue to defend them vigorously. BSI 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.”
Industry support for PAS 125 continues to grow, as does membership of the associated Kitemark® scheme, with wide adoption across all sectors of the vehicle repair industry. Large numbers of workshops and repairers are currently undergoing assessment and updating training and development in order to meet the requirements of PAS 125. Similarly, many repairers are voluntarily joining the Kitemark® scheme, meaning that for the consumer, an approved and possibly Kitemarked® repairer is not far away when things go wrong.
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About BSI
BSI is the UK’s National Standards Body, recognized globally for its independence, integrity and innovation in the production of standards and information products that promote and share best practice. BSI works with businesses, consumers and government to represent UK interests and to make sure that British, European and international standards are useful, relevant and authoritative.
For further information please visit http://www.bsigroup.com/ and http://www.bsigroup.cn/
