Data Broadcasting International Ltd & Anor R (on the application of) v The Office of Communications

Data Broadcasting International Ltd & Anor R (on the application of) v The Office of Communications

Ofcom acted lawfully in varying the licensed area under condition 22(b) of the licences and section 3(4) of the Broadcasting Act 1990; the variations did not constitute a variation of the licence period requiring consent. The licences are statutory instruments, not contracts, and Ofcom's actions did not breach property rights under Article 1 of the First Protocol to the ECHR.

Parties
Claimant: Data Broadcasting International Limited; Claimant: Simpleactive Limited; Defendant: The Office of Communications
Jurisdiction
England and Wales
Judgment Date
28 May 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
Statutory Licensing, Digital Switchover, Variation of Licence, Property Rights, Damages, Public Law Vs Contract, Interpretation of Statutory Instruments
Administrative Law Broadcasting Law Contract Law Human Rights Law Statutory Licensing Digital Switchover Variation of Licence Property Rights +3 more

Case Brief

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Parties

Data Broadcasting International Limited

Claimant

Simpleactive Limited

Claimant

The Office of Communications

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Ofcom had power to vary the claimants' licences regionally without consent
  2. 2 Whether such variation constituted a variation of the licence period requiring consent under section 3(4) of the Broadcasting Act 1990 and condition 22 of the licences
  3. 3 Whether the licences constituted contracts giving rise to private law rights

Ratio Decidendi

Ofcom acted lawfully in varying the licensed area under condition 22(b) of the licences and section 3(4) of the Broadcasting Act 1990; the variations did not constitute a variation of the licence period requiring consent. The licences are statutory instruments, not contracts, and Ofcom's actions did not breach property rights under Article 1 of the First Protocol to the ECHR.

Court Disposition

claim dismissed