JML Direct Ltd v Freesat UK Ltd

JML Direct Ltd v Freesat UK Ltd

Freesat was entitled to exercise discretion in channel allocation, subject only to compliance with Listing Policy and implied obligation not to act arbitrarily or irrationally. The Listing Policy and Ofcom Code required only broad, objectively justifiable criteria, not exhaustive publication of all factors. Freesat gave conscious consideration to all required factors and rationally relied on viewer convenience and expectations. No breach of contract or Code was established.

Parties
Claimant/appellant: JML Direct Ltd; Defendant/respondent: Freesat UK Ltd
Jurisdiction
England and Wales
Judgment Date
02 February 2010
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Interpretation of Regulatory Codes, Electronic Programme Guide Allocation, Fair Competition
Contract Law Regulatory Law Breach of Contract Interpretation of Regulatory Codes Electronic Programme Guide Allocation Fair Competition

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Parties

JML Direct Ltd

Claimant/appellant

Freesat UK Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Freesat breached contract by allocating channels arbitrarily or irrationally
  2. 2 Whether Freesat failed to apply published criteria in its Listing Policy
  3. 3 Whether Freesat failed to take into account the dates of EPG Agreements

Ratio Decidendi

Freesat was entitled to exercise discretion in channel allocation, subject only to compliance with Listing Policy and implied obligation not to act arbitrarily or irrationally. The Listing Policy and Ofcom Code required only broad, objectively justifiable criteria, not exhaustive publication of all factors. Freesat gave conscious consideration to all required factors and rationally relied on viewer convenience and expectations. No breach of contract or Code was established.

Court Disposition

Appeal dismissed