Last week, we reported here that the first application had been made for a fast-track trial in the Competition Appeal Tribunal (the “CAT”).
NCRQ was suing the Institution of Occupational Safety & Health for:
- damages for an alleged abuse of dominance by the Institution in its failure to accredit NCRQ’s diploma in health and safety; and
- an injunction to force the Institution to grant accreditation. NCRQ also applied for an interim injunction, listed for hearing on 12 January.
Our article noted it was an unusual case in that the Institution had no obvious commercial incentive to abuse any dominance it had; it was therefore unclear if the action was primarily intended to pressurise it to cooperate in finding a way to accredit the diploma, so it would be interesting to see if the case settled.
Less than a week later, it has indeed settled. It did so the day before that scheduled for the interim hearing, on terms that the Institution will grant accreditation to NCRQ’s diploma for the next three years. The order is here.
The settlement was very early in the proceedings. The CAT only announced commencement of the action on 22 December 2015, and it apparently did not rule on the application for fast track designation (there is no corresponding order on the CAT’s website). Strictly, therefore, this was not a settlement of a fast track claim. It was, however, the first case to embark upon the fast track process, and it appears to have been successful for the Claimant. It has released the following statement:
"NCRQ are pleased to be able to confirm that agreement has been reached with IOSH, and the NCRQ Diploma in Applied Health and Safety is now accredited for Graduate Membership of IOSH."