JML Direct Ltd v Freesat UK Ltd
Freesat did not breach its contractual obligations; it was entitled to exercise discretion in allocating EPG numbers, including attaching no weight to certain criteria, provided it acted rationally and in good faith. The use of BARB ratings and Freeview presence was not irrational or discriminatory. JML failed to prove any breach by Freesat.
- Parties
- Claimant: JML Direct Ltd; Defendant: Freesat UK Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 26 March 2009
- Procedural Posture
- Commercial Contract Dispute / Judgment After Expedited Trial on Liability
- Outcome
- Claim dismissed
- Legal Topics
- Breach of Contract, Electronic Programme Guide (epg) Allocation, Ofcom Code Compliance, Discretion in Contractual Performance
Case Brief
Summary, issues, holding and outcome
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Parties
JML Direct Ltd
Claimant
Freesat UK Ltd
Defendant
Procedural Posture
Commercial Contract Dispute / Judgment After Expedited Trial on Liability
Legal Issues
- 1 Whether Freesat breached its contractual obligations in allocating EPG numbers to JML's channels
- 2 Whether Freesat failed to comply with its Listing Policy and the Ofcom Code
- 3 Whether Freesat acted irrationally or arbitrarily in exercising its discretion under the contract
Ratio Decidendi
Freesat did not breach its contractual obligations; it was entitled to exercise discretion in allocating EPG numbers, including attaching no weight to certain criteria, provided it acted rationally and in good faith. The use of BARB ratings and Freeview presence was not irrational or discriminatory. JML failed to prove any breach by Freesat.
Court Disposition
Claim dismissed
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