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Admissibility of evidence in CAT appeals under the Communications Act: BT v Ofcom


The Competition Appeal Tribunal handed down its judgment on the admissibility of evidence in appeals under section 192 of the Communications Act 2003. Ofcom argued that that in telecoms dispute resolution appeals evidence is inadmissible if it has not already been put to Ofcom at the administrative stage (here in the context of Ofcom's determination of disputes between BT and various mobile network operators regarding BT's termination charges for 0800 calls).  The Tribunal has rejected Ofcom's argument and held that BT's evidence is admissible. The Tribunal's judgment considers the scope of appeals on the merits under section 192 of the Communications Act 2003 and gives guidance as to its approach.

Maya Lester and Richard Eschwege acted for BT, Robert O'Donoghue for O2.