1024/2/3/04 Floe Telecom Limited (in liquidation) v Office of Communications

Floe Telecom Limited (in liquidation) v Office of Communications

Case number:

1024/2/3/04 Registered: 5/1/2004

Status:

Summary of appeal published on 14 January 2004. A case management conference took place on 6 February 2004 at which Vodafone Limited was given permission to intervene. An application by Floe Telecom Ltd to amend its notice of appeal was heard and granted at a further case management conference on 2 April 2004 at which T-Mobile (UK) Limited was also granted permission to intervene.

A further case management conference was held on 25 June 2004. The main hearing took place on 19 and 20 July 2004. Judgment was handed down on 19 November 2004. A directions hearing was held on 1 December 2004. OFCOM undertook to the Tribunal to open a new investigation into the matter and, pursuant to that undertaking, the Tribunal ordered that such re-investigation take place with a view to OFCOM issuing either a new non-infringement decision or a statement of objections by 1 May 2005.

An application was made by OFCOM concerning the Tribunal's order dated 1 December 2004. A directions hearing to consider this application was held on 17 February 2005 and a hearing to consider OFCOM's application took place on 5 April 2005. A judgment on OFCOM's application was handed down at a further case management conference on 5 May 2005. Following an extension by the Tribunal of the time period for OFCOM's re-investigation OFCOM took a second decision on 28 June 2005.

A further case management conference took place on 18 July 2005. On 3 June 2005 OFCOM and the Office of Fair Trading applied to the Tribunal for permission to appeal to the Court of Appeal against the Tribunal's judgment of 5 May 2005. The Tribunal handed down its reasons for refusing permission to appeal on 20 July 2005. The appellant lodged a further statement of case setting out its grounds of challenge to the second decision on 19 August 2005.

A case management conference took place on 20 September 2005. A ruling on an application by Vodafone to strike out certain evidence the appellant wished to adduce was given on 13 October 2005. At a case management conference on 2 November 2005 a further case management conference was fixed for 1 December 2005 and the main hearing took place on 30 January 2006 until 3 February 2006.

In a judgment handed down on 15 June 2006 the Court of Appeal provided guidance as to the Tribunal's jurisdiction in appeals under the Competition Act 1998. Judgment on the issues before the Tribunal at the hearing in January/February 2006 was handed down on 31 August 2006 together with a ruling on the assessment of costs of the appeal against the Director's first decision.

A hearing to consider directions following the handing down of the Tribunal's judgment of 31 August 2006 took place on 13 September 2006. On 22 November 2006 OFCOM and T-Mobile applied to the Tribunal for permission to appeal to the Court of Appeal against the Tribunal's judgment of 31 August 2006. On 27 December 2006 Floe Telecom made an application for a pre-emptive costs order in relation to OFCOM's and T-Mobile's applications for permission to appeal.

On 18 January 2007 the Tribunal made an Order dismissing the substantive appeal on the basis of the judgment of 31 August 2006. On 15 March 2007 the Tribunal made two rulings refusing the applications by Ofcom and T-Mobile for permission to appeal from the Tribunal's judgment that was handed down on 31 August 2006. On 2 April 2007 the Tribunal dismissed Floe Telecom's application for a pre-emptive costs order.

On 19 June 2007 the Court of Appeal granted OFCOM and T-Mobile permission to appeal against the Tribunal’s order of 18 January 2007 which gave effect to the Tribunal’s judgment of 31 August 2006.

On 10 February 2009 the Court of Appeal handed down a judgment setting aside part of the Tribunal’s Order of 18 January 2007 and granting declaratory relief.

This case has now been archived.