1259/3/3/16 Talktalk Telecom Group PLC v Office of Communications (BCMR)

Summary of appeal published on 7 July 2016. On 22 July 2016 the President made an Order extending the deadline for Ofcom to serve its defence until further Order.

Mr Justice Snowden chaired a Case Management Conference (“CMC”) for Cases 1259/3/3/16 (“TalkTalk’s Appeal”), 1260/3/3/16 (“BT’s Appeal”) and 1261/3/3/16 (“CityFibre’s Appeal”) on 29 September 2016. At the CMC Mr Justice Snowden made an Order setting down further directions for the three appeals. Mr Justice Snowden also made two further Orders establishing a confidentiality ring for TalkTalk’s Appeal (the “Case 1259 Confidentiality Ring”) and a separate confidentiality ring for BT and CityFibre’s Appeals (the “Cases 1260-1261 Confidentiality Ring”). At the CMC Mr Justice Snowden also gave a ruling refusing Vtesse Harlow Limited permission to intervene in TalkTalk’s Appeal ([2016] CAT 17) and a further ruling on the terms of the confidentiality rings in all three appeals ([2016] CAT 18).

On 16 November 2016 Mr Justice Snowden made an Order extending the deadline for the Respondent to file its Defence by one week.

On 17 November 2016 Mr Justice Snowden made an Order referring TalkTalk’s Appeal as a specified price control matter for determination by the Competition and Markets Authority (“CMA”) on or before 31 March 2017.

On 10 March 2017 Mr Justice Snowden made an Order extending the deadline for the CMA to determine the matter by one week (i.e. on or before 7 April 2017).

The CMA notified the Tribunal and the parties of its final determination of the referred matters on 6 April 2017. A non-confidential version of the CMA’s final determination was published on 10 April 2017.

On 29 June 2017 Mr Justice Snowden made an Order disposing of TalkTalk’s Appeal.