Office of Communications and Another v Floe Telecom Ltd: CA 10 Feb 2009

The court was asked to accept an appeal against not the order made by the tribunal, but the terms of the reasoned judgment.
Held: The appeal was allowed. The Tribunal had made findings which were unnecessary to its judgment, and which were capable of being damaging to the public interest. Even though the Regulator had won, it should be allowed to appeal against the relevant element of the judgment. It was not the task of tribunals to provide general guidance, and their judgments should avoid this.

Mummery LJ, Lawrence Collins LJ, Sir John Chadwick
[2009] EWCA Civ 47, Times 23-Feb-2009, [2009] UKCLR 659, [2009] Bus LR 1116
Competition Act 1998 49(1)(c)
England and Wales
CitedLake v Lake CA 1955
Mrs Lake’s answer to an allegation of adultery had been one of denial or, in the alternative, condonation. Her husband’s petition was dismissed, the Commissioner finding that there had been adultery but that it had been condoned. She sought to . .
CitedAustralia and New Zealand Banking Group Ltd v Compagnie Noga D’Importation Et D’Exportation Sa and Another ComC 21-Feb-2007
Non-payment of bills of exchange – construction of settlement agreement. It was said that the compromise agreement ws unenforceable as being against public policy in restraining one party.
Held: The restraint ‘does not affect the course of . .
CitedCompagnie Noga D’Importation et D’Exportation Sa v Australia and New Zealand Banking Group Ltd. and others CA 31-Jul-2002
If the court wishes to enable a party to appeal against a particular finding contained in the judgment, it may make a declaration embodying that finding. . .
CitedSecretary of State for Work and Pensions v Morina and Another CA 23-Jul-2007
The Secretary of State had won his case on the substance but wished to challenge parts of the judgement which dealt with jurisdictional points.
Held: The court could hear an appeal by a successful party where there were good reasons for . .

Lists of cited by and citing cases may be incomplete.

Commercial, Litigation Practice

Updated: 09 November 2021; Ref: scu.282606