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While 25 appeals were made, the majority of the 103 construction companies fined by the OFT chose not to launch a challenge. There were a variety of reasons for this.

In some cases companies had accepted a fast-track offer from the OFT for a reduction of their penalties if they accepted liability. Others simply didn鈥檛 think they had the resources to take on a giant like the OFT.

Both these reasons led 拢87m Lincolnshire-based Lindum Group, which was fined 拢496,017, to be paid in installments, not to take on the OFT.

However, the success of those who did appeal has emboldened David Chambers, Lindum鈥檚 chairman, whose lawyer has written to the OFT endorsing the tribunal鈥檚 findings.

鈥淭he fines were excessive and it wasn鈥檛 nearly as serious as they had suggested. The year it used [for calculating the fines] was ridiculous; it was 2007, which was the peak of the market,鈥� he says. He is hoping that if the minimum threshold and the baseline year on which the OFT calculated the fines are altered then Lindum鈥檚 fine could be slashed to about 拢100,000.

Not that this would come without its cost. He says that he has already spent a 鈥渇ive-figure sum鈥� to issue the letter to the OFT 鈥渋n a market where everybody is struggling.鈥�