Merger Action Group v The Secretary of State for Business, Enterprise & Regulatory Reform [2008] CAT 38 (10 December 2008) [2008] CAT 38

CAT

Merger Action Group v The Secretary of State for Business, Enterprise & Regulatory Reform [2008] CAT 38 (10 December 2008)

[2008] CAT 38 · 2008-12-10

[1]Linklaters LLP) appeared for the Intervener, Lloyds TSB Group plc. THE PRESIDENT: Mr. Harris, on behalf of the Secretary of State, applies for permission to appeal our conclusion that the Applicants are "persons aggrieved" within the meaning of subsection 120(1) of the Enterprise Act 2002 (

[2008] CAT 36

[2]We frankly doubt whether any point of law arises in relation to our ruling on that point. Of course, a point of law must be raised for an appeal to the Court of Session to be admissible under subsection 120(6) of the Act. Cases relating to standing depend very much on their own facts and the evidence, and there is an element of discretion and judgment when the court comes to determine matters of standing.

[3]Notwithstanding, therefore, that we ruled that the case was an exceptional one and was finely balanced, we see no real prospect of our decision on this issue being reversed and no other compelling reason to allow an appeal to go forward. The Respondent must persuade the Court of Session, within the stipulated time, if he wishes to take this matter further. We refuse permission.