Brick Court Chambers

News & Events

"An outstanding commercial set with a track record of excellence across its core areas of work."
Chambers & Partners 2018
"A set that is singled out for its "first-rate" clerking and "client service-oriented, commercial approach."
Chambers & Partners 2017
‘deservedly among the top sets in London for commercial work’

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

07/07/10

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.