Status
Summary of appeal published on 2 March 2004. T-Mobile (UK) Limited ("T- Mobile") was granted permission to intervene on 19 March 2004. Following the case management conference held on the 2 April 2004 (heard together with the case management conference in case number 1024/2/3/04 - Floe Telecom Limited (in administration) v Office of Communications (the “Floe appeal") the Tribunal stayed VIP’s appeal pending the determination of The Floe appeal. A hearing was held on 1 December 2004 to consider what further steps should be taken in this appeal following the handing down of the Tribunal's judgment in the Floe appeal on 19 November 2004 (see [2004] CAT 18). OFCOM applied to withdraw its decision in this case undertook to the Tribunal to open a new investigation into the matter.
Pursuant to that undertaking the Tribunal ordered that OFCOM's decision be set aside and that OFCOM's 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. A case management conference to consider an application by OFCOM on jurisdictional issues took place 17 February 2005. A case management conference took place on 5 May 2005. Following an extension by the Tribunal of the time period for OFCOM's re-investigation a further decision was made by OFCOM on 28 June 2005. A case management conference took place on 18 July 2005.
The appellant lodged a further statement of case setting out its grounds of challenge to the second decision on 30 August 2005. A case management conference took place on 20 September 2005 at which the proceedings in this appeal were stayed pending the Tribunal's decision in the Floe appeal. Judgment in the Floe appeal was handed down on 31 August 2006. A hearing to consider, inter alia, consequential directions in this appeal following the Tribunal’s judgment took place on 13 September 2006. A further hearing took place on 13 December 2006 at which a ruling in respect of admissibility of evidence was handed down.
A judgment on jurisdiction and admissibility was handed down on 22 January 2007. On 2 April 2007 an application by T-Mobile for permission to appeal from the judgment of 22 January 2007 was refused. At an oral hearing on 19 June 2007 the Court of Appeal granted OFCOM and T-Mobile permission to appeal against the Tribunal’s judgment of 31 August 2006 in the Floe appeal.
On 28 June 2007 the Tribunal ordered that the hearing that had been fixed for 4, 5 and 6 July 2007 be vacated and that proceedings be stayed generally until 21 days from the handing down of judgment by the Court of Appeal in the Floe appeal.
On 10 February 2009 the Court of Appeal handed down judgment in the Floe appeal setting aside part of the Tribunal’s Order of 18 January 2007, which gave effect to the Tribunal’s judgment of 31 August 2006, and granting declaratory relief.
A case management conference took place on 17 July 2009 when the Tribunal ruled that VIP should be allowed to apply to amend its notice of appeal.
The Tribunal’s ruling on VIP’s application to amend its notice of appeal and OFCOM’s application to reject the existing notice of appeal was handed down on Thursday 19 November 2009.
A ruling in relation to applications for costs by OFCOM and T-Mobile was handed down on 3 February 2010. On 9 April 2010, the Tribunal made an Order assessing OFCOM’s costs. On 2 July 2010, the Tribunal made an Order assessing T-Mobile’s costs.
This case has now been archived.
