A hearing took place on 6 February 2019 to determine: (i) the correct forum for challenging the Designation Decision and Refusal; and (ii) B&M's application for interim relief. The Tribunal determined that it did have jurisdiction to hear the application and it went on to refuse B&M's application for interim relief. The Tribunal's reasons are set out in its Judgment of 13 May 2019 ( CAT 13).
The summary of application was published on 1 March 2019. By an order of the Chairman of the same date, the time for filing requests for permission to intervene was abridged. A case management conference took place on 25 March 2019 at which the Tribunal made: (1) a ruling in relation to a request for permission to intervene made by Tesco PLC; and (2) a directions order timetabling the proceedings to a final hearing.
On 25 April 2019 B&M applied for permission to withdraw its application for review. By an order dated 13 May 2019, the Tribunal granted the application and made a direction as to costs.