The Act created a monopoly for the claimant for the delivery of post. It asserted that the defendant was acting in beach of that monopoly, and sought damages.
Held: The Act made no provision for a civil claim for damages for breach of the Act. Since the right was created by statute, and the statute provided a complete code for the right, it was not possible to use any of the exceptions in the Lonhro case to found a right to damages. The legislation granted an exclusive privilege, not an exclusive right. A privilege did not give rise to an entitlement to exclude anyone else from the privilege. It was up to Parliament to do so, not the claimant.
Judges:
Jacob J
Citations:
Times 24-Jan-2002, Gazette 21-Feb-2002
Statutes:
British Telecommunications Act 1981 66
Jurisdiction:
England and Wales
Citing:
Cited – Lonrho Ltd v Shell Petroleum Co Ltd (No 2) HL 1-Apr-1981
No General Liability in Tort for Wrongful Acts
The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, . .
Lists of cited by and citing cases may be incomplete.
Commercial, Damages
Updated: 27 June 2022; Ref: scu.167436
