Vodafone Ltd & Ors v The Office Of Communications [2020] EWCA Civ 183 (19 February 2020)

Vodafone Ltd & Ors v The Office Of Communications [2020] EWCA Civ 183 (19 February 2020)

Restitution for payments made under quashed regulations is limited to the difference between sums paid under the unlawful 2015 Regulations and the amounts lawfully due under the extant 2011 Regulations; counterfactual analysis hypothesising new legislation or administrative steps is not permitted in Woolwich-type claims.

Citation
[2020] EWCA Civ 183
Parties
Claimant/respondent: Vodafone Limited; Claimant/respondent: Telefónica UK Limited; Claimant/respondent: EE Limited; Claimant/respondent: Hutchison 3G UK Limited; Defendant/appellant: The Office of Communications (Ofcom)
Jurisdiction
England and Wales
Judgment Date
19 February 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; High Court judgment affirmed
Legal Topics
Unjust Enrichment, Ultra Vires Charges, Restitution for Unlawful Payments, Principle of Legality, Counterfactual Analysis, Spectrum Licensing Fees
Restitution Administrative Law Telecommunications Law EU Law Unjust Enrichment Ultra Vires Charges Restitution for Unlawful Payments Principle of Legality +2 more

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Parties

Vodafone Limited

Claimant/respondent

Telefónica UK Limited

Claimant/respondent

EE Limited

Claimant/respondent

Hutchison 3G UK Limited

Claimant/respondent

The Office of Communications (Ofcom)

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Extent of restitution for payments made under quashed regulations
  2. 2 Whether counterfactual analysis applies to quantify unjust enrichment
  3. 3 Application of Woolwich principle to public authority charges

Ratio Decidendi

Restitution for payments made under quashed regulations is limited to the difference between sums paid under the unlawful 2015 Regulations and the amounts lawfully due under the extant 2011 Regulations; counterfactual analysis hypothesising new legislation or administrative steps is not permitted in Woolwich-type claims.

Court Disposition

Appeal dismissed; High Court judgment affirmed

Orders

  • Ofcom must repay to each MNO the difference between ALFs paid under the 2015 Regulations and the amounts due under the 2011 Regulations
  • No counterfactual reduction of restitution permitted