British Telecommunications Plc v Office of Communications [2013] CAT 1 (21 January 2013)

British Telecommunications Plc v Office of Communications [2013] CAT 1 (21 January 2013)

The factors relied upon by BT, whether individually or in combination, do not amount to exceptional circumstances for the purposes of rule 8(2) of the Rules, and therefore do not justify an extension of the deadline for lodging an appeal in relation to the Ethernet Determinations.

Citation
[2013] CAT 1
Parties
Potential Appellant: British Telecommunications plc; Potential Respondent: Office of Communications
Jurisdiction
United Kingdom
Judgment Date
21 January 2013
Procedural Posture
Application for Extension of Time to Appeal / Preliminary Application Ruling
Outcome
Application for extension of time refused
Legal Topics
Extension of Time, Appeal Deadlines, Exceptional Circumstances, Regulatory Determinations
Competition Law Telecommunications Law Administrative Law Extension of Time Appeal Deadlines Exceptional Circumstances Regulatory Determinations

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Parties

British Telecommunications plc

Potential Appellant

Office of Communications

Potential Respondent

Procedural Posture

Application for Extension of Time to Appeal / Preliminary Application Ruling

Legal Issues

  1. 1 Whether the circumstances surrounding the publication of the Ethernet Determinations and the PPC Determinations constitute 'exceptional circumstances' justifying an extension of time to appeal under rule 8(2) of the Competition Appeal Tribunal Rules 2003

Ratio Decidendi

The factors relied upon by BT, whether individually or in combination, do not amount to exceptional circumstances for the purposes of rule 8(2) of the Rules, and therefore do not justify an extension of the deadline for lodging an appeal in relation to the Ethernet Determinations.

Court Disposition

Application for extension of time refused

Orders

  • BT's application for an extension of time to appeal is rejected.