The CAT today rejected BT’s arguments that Ofcom has a narrow jurisdiction to accept and resolve disputes referred to it by Communications Providers pursuant to Section 185 of the Communications Act 2003. The CAT joined two cases (one relating to ‘ladder pricing’ and one to charges for ethernet services above DSAC) in both of which BT…
Yesterday the Court of Appeal confirmed (in British Telecommunications Plc v Office of Communications [2011] EWCA Civ 245 , judgment of 10 March 2011) that there was no basis for restricting the introduction of fresh evidence into an appeal against a decision of Ofcom made pursuant to the Communications Act 2003. The procedural point arose in one…
I have spent the last day and a half in court (British Telecommunications Plc (Termination charges: 080 calls, NCCN 1007) v Office of Communications and British Telecommunications Plc v Office of Communications (Ethernet Extension Services)) helping an intervening client argue, inter alia, that a fundamental disagreement was the same as a dispute. Sometimes these things do seem to end…