The court discussed the need to take notes of meetings in chambers between the judge and counsel. The court set out four principles to be applied: ‘1. There should be freedom of access for counsel to judges, but that does not mean freedom to discuss matters which can perfectly well be discussed in open court. … Continue reading Attorney General’s Reference (No 3 of 2003) (Rogan): CANI 2001
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the … Continue reading Westminster City Council v O’Reilly and others: CA 1 Jul 2003
To count as a trade dispute, the dispute must ‘relate wholly or mainly’ to terms and conditions of employment and must not merely be ‘connected’ with them. The application of this test requires the court: ‘to consider not merely the occasion which caused the dispute to break out but also the reason why there was … Continue reading Mercury Communications Ltd v Scott-Garner: CA 1984
The appellant had been made subject to a suspended committal to prison. He was involved with children proceedings, and had published details on the Internet which would make the social worker traceable. Held: Where a contempt was not committed in the face of the court or was not a disobedience of a court order, only … Continue reading In re G (a Child) (Contempt: Committal): CA 10 Apr 2003
Electronic Communications Code – Removal of Apparatus – whether neighbouring landowner has right to require removal of electronic communications apparatus from route of proposed new access – paras 38, 40, Sch.3A, Communications Act 2003 – reference dismissed Citations:  UKUT 127 (LC) Links: Bailii Jurisdiction: England and Wales Land, Utilities Updated: 27 April 2022; Ref: … Continue reading Evolution (Shinfield) Llp v British Telecommunications Plc  UkUT 127 (LC): UTLC 15 Apr 2019
The Director General of Telecommunications can quite properly use his powers and discretion to ensure competition in telecommunications by the granting and withholding of licences. He may take account of economic factors in making such a decision. Section 3 draws a distinction between ‘means’ (namely how the demand is to be met) and ‘ends’ (the … Continue reading Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others: QBD 7 Dec 1998
ELECTRONIC COMMUNICATIONS CODE – NEW AGREEMENT OR MODIFICATION – water tower – consideration and compensation – assumption of vacant possession – relative merits of market transactions and Tribunal decisions as comparables – recovery of professional fees incurred before order conferring Code right – paras 24, 34, Schedule 3A, Communications Act 2003 Citations:  UKUT 8 … Continue reading EE Ltd and Another v Affinity Water Ltd (Electronic Communications Code – New Agreement or Modification – Water Tower – Consideration and Compensation): UTLC 17 Jan 2022
The complainant requested statistics which formed the basis for a report produced by OFCOM. The information was withheld under section 44 of the Act (prohibitions on disclosure). OFCOM stated that the relevant statutory prohibition was section 393 of the Communications Act 2003. The Commissioner has considered the complaint and is satisfied that the requested information … Continue reading Office of Communications (Decision Notice): ICO 22 Jul 2009
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
The complainant requested a copy of ‘the IPCC complaint referred to in [Ofcom’s] Broadcast Bulletin Issue 114 of 21 July 2008. The public authority initially refused the request under the exemption provided by section 44 of the Act, that disclosure of the information was prohibited under any other enactment. Ofcom cited the prohibition on disclosure … Continue reading Office of Communications (Decision Notice): ICO 14 Dec 2009
A letter sent by fax constituted a validly ‘deposited’ notice to convene an extraordinary general meeting under section 368 of the Companies Act 1985. The Vice-Chancellor noted that by that time the Electronic Communications Act 2000 enabled specific modifications to be made to authorise communication by electronic means under existing statutes, including the Companies Act. … Continue reading PNC Telecom plc v Thomas: 2003
 UKFTT 2014 – 0213 (GRC) Bailii Privacy and Electronic Communications Regulations 2003 England and Wales Information Updated: 30 December 2021; Ref: scu.548062
T and N had exposure to asbestosis claims; these claims were insured by Lloyd’s but on terms that if payments were to be made, T and N should make certain reimbursements to Lloyd’s. T and N then insured with a captive company known as Curzon their liability to make such reimbursements. Lloyd’s called on T … Continue reading T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others: ChD 9 May 2003
The applicants sought to challenge a proposed scheme regulating the prices of telephone calls. Held: The principle objection was to termination charges, charges on calls between networks. The present charges were greater than the actual cost, and had the effect of transferring to users of fixed network telephones costs which were properly attributable to mobile … Continue reading Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v The Competition Commission, the Director-General of Telecommunications: Admn 27 Jun 2003
Ruling on application to amend. Applications re overcharging allegations. Roth J  CAT 4 Bailii Communications Act 2003 186 Commercial Updated: 20 December 2021; Ref: scu.535732
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill. Held: The specific terms added prevailed over the standard terms printed on the bill of lading. The bill was … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003
The appellant challenged challenged the imposition of certain conditions on its licence under the 2003 Act. The Office had acted to seek to prevent acts prejudicial to consumers. Held: The appeal succeeded. The Office of Communications had jurisdiction under the section to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate … Continue reading British Telecommunicatons Plc v Office of Communications and Others: CA 17 Feb 2014
This appeal concerns the correct application of section 86(1)(b) of the Communications Act 2003 McFarlane LJ, Sir Bernard Rix, Sitr Timothy Lloyd  EWCA Civ 1318 Bailii England and Wales Commercial, Media Updated: 23 November 2021; Ref: scu.517236
Sir Geoffrey Vos, Master of the Rolls  EWCA Civ 1534 Bailii, Judiciary Communications Act 2003 England and Wales Media, Human Rights Updated: 22 November 2021; Ref: scu.668913
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
PC (Isle of Man) The petitioner sought disclosure of trust documents, as a beneficiary. Disclosure had been refused as he had not been a named beneficiary. Held: Times had moved on, and trust documents had taken more and more indirect ways of conferring benefits. The settlements were badly drafted, but that should not be used … Continue reading Vadim Schmidt v Rosewood Trust Limited: PC 27 Mar 2003
Grounds for non-disclosure treated cumulatively An applicant had requested disclosure of information regarding the environmental impact of electro-magnetic radiation from mobile phones. The court considered the balance between the need to disclose information and the maintaining of exceptions to disclosure in the public interest, in the context of third party intellectual property rights. The tribunal … Continue reading Office of Communications v The Information Commissioner: CA 20 Feb 2009
The claimants had sought to recover from the General Council of the Bar damages for libel in a communication from the head of the Bar Council’s Professional Standards and Legal Services Department to all heads of chambers, their senior clerks and practice managers to the effect that the claimants were not solicitors and were thus … Continue reading Kearns and Others v The General Council of the Bar: CA 17 Mar 2003
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights. Held: The damages were restricted to the statutory ones. The defendant was regulated under the 1991 Act by the Director-General, who … Continue reading Marcic v Thames Water Utilities Limited: HL 4 Dec 2003
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges. Held: The appeal was allowed unanimously and the decision of the CAT re-establised. BT was free to … Continue reading British Telecommunications Plc v Telefonica O2 UK Ltd: SC 9 Jul 2014
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act. Held: Human rights law did not create civil rights, but rather voided procedural bars to their enforcement. The issue of what is a substantive and … Continue reading Matthews v Ministry of Defence: HL 13 Feb 2003
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008
Court of Appeal’s powers limited to those Given The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over judgments and orders of the High Court made by … Continue reading In re Racal Communications Ltd; In Re a Company: HL 3 Jul 1980
The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop registration: ‘a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending … Continue reading British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998
Colonel Waite had obtained employment with the civil service in 1967 under the Civil Service Code’s relevant terms and conditions which provided for a retirement age of 60. Although the employers could defer retirement under these terms and conditions until 65, employees had no right to stay on after 60. Colonel Waite was compulsorily retired … Continue reading Waite v Government Communications Headquarters: HL 21 Jul 1983
The parties disputed the publication of materials relating to the exact placement of mobile phone masts. The operators wanted the information excepted from disclosure for fear of criminal acts and also said that disclosure would breach their database rights. Held: The Regulations sought merely to transpose the Directive into UK law, and it must be … Continue reading Office of Communications v The Information Commissioner: SC 27 Jan 2010
Order outwith Home Secretary’s powers The claimant sought judicial review of an order requiring OFWAT to limit certain licenses to exclude technology which the SSHD said would pose a threat to National Security. It said that no power to do this existed. Held: Review allowed. The Direction was ultra vires the Secretary of State’s powers … Continue reading VIP Communications Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Apr 2019
Exemption Direction was Ultra Vires The Direction sought to prevent Ofcom from introducing regulations which would have the effect of making it lawful to operate a species of GSM gateway known as a commercial multi-user gateway without a licence. GSM gateways are telecommunications equipment which contain one or more SIM cards such as are placed … Continue reading VIP Communications Ltd (In Liquidation), Regina (on The Application of) v The Secretary of State for The Home Department: CA 20 Nov 2020
The court considered a strike out application. Held: Although there might be many cases where the possibility or otherwise of a fair trial is highly important to the exercise of discretion under CPR 3.9. it does not follow that where a fair trial is still possible, relief will necessarily be granted: ‘CPR 3.9 deals generally … Continue reading Hansom and others v E Rex Makin and Wright: CA 18 Dec 2003
EAT Contract of Employment – Written particulars. . .
PROCEDURE – Evidence – Witness summons granted to Commissioners against appellant’s accountant – Application by accountant to set aside summons – Conceded that no professional privilege arises – Whether accountant protected by anything analogous to . .
(New Zealand) Solicitors resisted requests to disclose papers in breach of legal professional privilege from their professional body investigating allegations of professional misconduct against them.
Held: The appeal was allowed. The . .
The question of a proprietary estoppel as between landlord and tenant arose. An agreement had been reached subject to contract for the grant of a lease, with an option to purchase. The tenant was allowed into possession before the documentation was . .
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
The claimant obtained an interim injunction in respect of alleged infringement of its trade marks in beers brewed under licence by the respondents. They said the beers produced were of inferior quality, and threatened the brand. The grant of such . .
The respondent ISP companies had been injuncted to stop the transmission of websites which infringed the trade mark rights of the claimants. The ISPs now appealed from the element of the order that they pay the claimants’ costs of implementing the . .
Form of indemnity to be included in Code agreement – whether restricted to third-party claims – paras. 23, 26, Electronic Communications Code, Sch. 3A, Communications Act 2003 . .
The college appealed a finding that the supply of course manuals to its students was part of its exempt rather than zero-rated supply.
Held: ‘Once it is decided that there is a single supply from an economic view which should not be . .
The defendant appealed against his conviction, saying the restrictions placed upon him in conducting his defence because the fact that he had been a member of the secret services, meant that he had been unable to conduct his defence properly, with . .
The claimant had objected to the grant of permission to erect a mobile phone mast near her property. The issue was that she had not been given opportunity to comment upon the consideration of alternative sites.
Held: The consideration of . .
The parties disputed the licensing charges for use of BTs database. . .
Witness orders were sought in respect of professionals resident in England to support litigation in the US. They objected on the ground that the terms of the order sought suggested improper behaviour, and that an order would anticipate breach of . .
A defendant appealed against an order admitting as evidence, records of ‘without prejudice’ conversations.
Held: Written and oral communications, which are made for the purpose of a genuine attempt to compromise a dispute between the parties, . .
The claimant and defendant had each operated using a the name ‘HotSpot’ for a name for its lottery. The respondent had registered the name as a trade mark. The claimant began to use the name first and claimed in passing off, and the respondent . .
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting . .
Electronic Communications Code – Jurisdiction – whether an operator occupying land under a tenancy to which Pt II, Landlord and Tenant Act 1954 applies may seek new rights under Part 4 of the Code – Parts 4, 5 of Sch.3A, Communications Act 2003 – . .
The claimant said that the defendant had infriged its rights by the use of its logo on their publications. . .
(Cayman Islands) An international bank went into liquidation in the Cayman Islands, with liabilities in Bangladesh. A new bank was created in Bangladesh, and the applicants sought to make the new bank liable, and through them the liquidators.
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to . .
The cost of the delivery of a quantity of new cars from the factory or depot to the purchaser is incidental and ancillary to the supply of the cars themselves, and the VAT on delivery charges was not reclaimable by the purchasing company as Input . .
The claimant sought to quash a planning decision on the basis that a screening decision had not been made.
Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to . .
The Competition Appeal Tribunal had remitted a matter to the Office of Fair Trading and had set a time limit for the Commisioner to complete his investigation. The Office appealed.
Held: It was not within the CAT’s power, under either the . .
The applicant was employed as director-general, with his contract stating that his retirement age would be 70. Nobody else had a similar occupation within the organisation, and he said this therefore constituted his ‘normal age’ for retirement, . .
Whether the Competition Appeal Tribunal was right to adopt the starting point that costs should follow the event in an appeal brought under section 192 of the Communications Act 2003. . .
The court considered the case of Glenister and similar and said: ‘I accept the submission that these cases are not in point to the issue as regards future asbestos claims. There is no element of discretion as regards such claims. If the ingredients . .
The taxpayers sold cable services which were liable to VAT through 28 subsidiaries, and supplied by a third party as part of the same service a listings magazine. They sought exemption from VAT for that part of the consideration related to the . .
A medical report in a disability discrimination claim should deal with the doctor’s diagnosis of the impairments, the doctor’s observation of the applicant carrying out day to day activities and the ease with which he was able to perform those . .
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
A scheme of arrangement had been proposed. The creditor complained that in providing for payment in a currency other than that agreed, it had been prejudiced.
Held: The provision in the scheme did purport to alter the claimant’s rights. . .
EAT The Council appealed against a finding that the respondent, their employee, was disabled under the 1995 Act. He suffered from a long term mixed anxiety and depression disorder, but the Council disputed that . .
EAT The EAT considered the consequences, of a decision to strike out a Notice of Appearance under Rule 15(2)(d).
Held: The EAT will require an employment tribunal, among other things, to consider the . .
EAT Practice and Procedure – Case Management
In considering whether or not to strike out or impose some lesser remedy the guiding consideration was the overriding objective which required justice to be done . .
A company incorporated in Jersey comes within the Act for the purposes of the section. An English court has jurisdiction to wind up a foreign company if it has assets here or some other sufficient connection with this country. . .
The appellant sought to restrain the use in proceedings in New Zealand and elsewhere of ‘without prejudice’ documents discovered in court proceedings here.
Held: It was not sensible to elide the distinction between the two sources of . .
The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land.
Held: Appeal lay here from the County . .
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
Documents had been prepared by the respondent to support a request for legal advice in anticipation of the Bingham enquiry into the collapse of BCCI.
Held: Legal advice privilege attached to the communications between a client and the . .
The applicant appealed against a decision for development granted in the absence of its own decision. The judge had quashed the decision because of the absence of an environmental impact statement.
Held: When making the screening decision, it . .
The claimants claimed damages for the sale by the defendants in the UK of CD’s manufactured for sale only in the far East. The defendants challenged the right of a claimant phonographic society to have the right to sue on behalf of its members.
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on . .
ECFI Arbitration clause – Community Trans-European Telecommunications Networks Programme – Contract relating to the organisation of seminars on using Euro-ISDN – Allowable costs. . .
The land site to be developed was of archaeological interest and the relevance of a mitigation strategy was considered.
Held: It is for the planning authority to decide whether there are likely to be significant effects on the environment . .
ELECTRONIC COMMUNICATIONS CODE – CODE RIGHTS – access to buildings – whether Code rights include rights of access to assess the suitability of a building for the installation of electronic communications apparatus – whether interim rights to be . .
The respondent appealed an award of pounds 10.000 for damages for an act of direct race discrimination. The claimant, of Afro-Caribbean origin, had been subjected to a racist comment.
Held: Translating hurt feelings into hard currency will . .
Sexual harassment was defined as ‘unwanted conduct of a sexual nature, or other conduct based upon sex affecting dignity at work’. It would be no defence to a complaint of sexual harassment that a person of the opposite sex would have been similarly . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
ICO The complainant made a request to Ofcom for copies of correspondence relating to a complaint it had received from Lord Ashcroft KCMG about unfair treatment in an edition of BBC Radio 4’s Today programme. The public authority initially refused the request under section 44 of the Act (Prohibitions on disclosure) by virtue of section … Continue reading Ofcom (Decision Notice): ICO 19 Apr 2011
Claim for renewal of lease of telecommunications mast – determination of rent Citations:  EW Misc 18 (CC) Links: Bailii Statutes: Landlord and Tenant Act 1954, Communications Act 2003 Jurisdiction: England and Wales Landlord and Tenant, Utilities Updated: 01 April 2022; Ref: scu.655654
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being foster parents, criticising the interviewee (author of the ban) as a Health Nazi, and otherwise insulting him. It … Continue reading Gaunt v OFCOM and Liberty: QBD 13 Jul 2010
Prosecutor’s appeal from acquittal on charges of having transmitted grossly offensive materialover a public telecommunications network, and in particular by publishing certain videos on youtube. The district judge had found the material was not grossly offensive. Held: The appeal suceeded. Citations:  EWHC 359 (Admin) Links: Bailii Statutes: Communications Act 2003 127(1)(a) Jurisdiction: England and … Continue reading Director of Public Prosecutions v Smith: Admn 24 Feb 2017
ECHR (Grand Chamber) Article 10-1 Freedom of expression Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no violation Facts – The Communications Act 2003 prohibits political advertising in television or radio services, the aim being to maintain impartiality in the broadcast media and to prevent powerful … Continue reading Animal Defenders International v The United Kingdom: ECHR 22 Apr 2013
The Honourable Lady Justice Carr DBE, The Honourable Mr Justice Jeremy Baker  EWHC 3004 (Admin) Bailii Communications Act 2003 127(1) England and Wales Crime Updated: 02 January 2022; Ref: scu.655578
Terms of an agreement which is to be imposed on the parties pursuant to the electronic communications code contained in schedule 3A to the Communications Act 2003 (‘the Code’). More specifically, it relates to the extent of the upgrading and sharing rights which the respondent, On Tower UK Limited (‘On Tower’), should enjoy under that … Continue reading On Tower UK Ltd v JH and FW Green Ltd: CA 7 Dec 2021
Appeal against conviction for sending a message by a public telecommnication network said to be of a menacing character. The appellant’s flight was delayed at Doncaster airport. He tweeted ‘I had decided to resort to terrorism’ and ‘Crap! Robin Hood Airport is closed. You’ve got a week and a bit to get your shit together … Continue reading Chambers v Director of Public Prosecutions: Admn 27 Jul 2012
The complainant requested a copy of the file(s) held by the public authority in connection with the trial (and associated appeals) of Chambers who was prosecuted for posting a message on Twitter considered to be of a menacing character within the meaning in section 127(1)(a) of the Communications Act 2003. The Commissioner’s decision is that … Continue reading Crown Prosecution Service (Decision Notice): ICO 12 Dec 2013
Mr Justice Warby  EWHC 3421 (Admin),  1 Cr App R 13,  Crim LR 315,  1 WLR 1828,  WLR(D) 684 Bailii, WLRD Communications Act 2003 127(2)(c) England and Wales Crime Updated: 19 November 2021; Ref: scu.657358
The defendant appealed by case stated against his conviction under section 127 of the 2003 Act. Becoming frustrated with its inefficiency he issued a tweet, which was said to have been a threat: ‘Crap! Robin Hood Airport is closed. You’ve got a week and a bit to get your shit together otherwise I am blowing … Continue reading Chambers v Director of Public Prosecutions: QBD 27 Jul 2012