The claimant sought judicial review of an order quashing the decision of the Office of Communications to refuse a radio licence.
Held: The court should be very cautious before quashing a decision as to the allocation of broadcasting licences. It was OfCom to which the responsibility for making such a decision had been given. Its decision should be done only if it was shown that real unfairness or a significant error of law.
Judges:
Stanley Burnton J
Citations:
[2005] EWHC 1573 (Admin), Times 28-Sep-2005
Links:
Statutes:
Broadcasting Act 1990 104, European Convention on Human Rights 810
Citing:
Cited – Regina v Department of Transport, ex parte Presvac Engineering Ltd 1992
In a judicial review application, the question of standing falls to be considered again in deciding whether the Court should exercise its discretion to grant relief: ‘The court must . . review at [the substantive] stage the question of sufficiency . .
Cited – Regina (TSW Broadcasting Ltd) v Independent Television Commission HL 1994
Lord Templeman said: ‘Judicial review does not issue merely because a decision maker has made a mistake and it is not permissible to probe the advice received by the decision maker or to require particulars or administer interrogatories or, as Mr . .
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Cited – Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others QBD 7-Dec-1998
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. . .
Cited – Demuth v Switzerland ECHR 5-Nov-2002
The court considered the licensing system for television broadcasts in Switzerland and concluded that it was capable of contributing to the quality and balance of programmes through the powers conferred on the government. It was therefore consistent . .
Lists of cited by and citing cases may be incomplete.
Media, Licensing, Human Rights
Updated: 01 July 2022; Ref: scu.229065