Ruling (Application for permission to amend the notice of appeal)

Neutral citation:

[2007] CAT 35

Published:

17 Dec 2007

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Summary:

Ruling granting BT permission under Rule 11 of the Tribunal Rules to amend its notice of appeal.

The amendment for which BT sought permission related to OFCOM’s approach to spectrum costs in the decision under appeal.

The Tribunal held that the proposed amendment amounted to a new ground of appeal, and therefore required permission under Rule 11(3) of the Tribunal Rules. The Tribunal granted permission for the amendment to be made pursuant to paragraphs (b) and (c) of Rule 11(3) on the basis that it was not practicable for BT to have included the new ground in its original notice of appeal and that the circumstances of the case were exceptional.

This is an unofficial summary prepared by the Registry of the Competition Appeal Tribunal.