British Telecommunications Plc v Office of Communications [2018] CAT 1 (25 January 2018)

British Telecommunications Plc v Office of Communications [2018] CAT 1 (25 January 2018)

The Tribunal held that while the starting point is that costs follow the event in section 192 appeals, BT's partial success and conduct warranted a significant reduction. BT was awarded 50% of its recoverable costs (excluding certain disbursements and the costs of a specific hearing), and Ofcom was ordered to pay an...

Source-derived case information.

Citation
[2018] CAT 1
Parties
Appellant: BT; Respondent: Ofcom; Appellant: CityFibre
Jurisdiction
United Kingdom
Judgment Date
25 January 2018
Procedural Posture
Appeal Under Section 192 of the Communications Act 2003 / Costs Ruling Following Substantive Judgment
Outcome
BT awarded 50% of its recoverable costs (excluding Dr. Basalisco's evidence and the 20 November 2017 hearing); Ofcom to pay BT £500,000 interim payment; BT to pay Ofcom's costs of the 20 November 2017 hearing; CityFibre's costs claims dismissed; prior costs order against CityFibre not revisited.
Legal Topics
Costs Orders, Market Definition, Remedies in Regulatory Appeals, Judicial Discretion, Appeals Against Regulatory Decisions
Competition Law Telecommunications Law Administrative Law Costs Orders Market Definition Remedies in Regulatory Appeals Judicial Discretion Appeals Against Regulatory Decisions

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Summary, issues, holding and outcome

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Parties

BT

Appellant

Ofcom

Respondent

CityFibre

Appellant

Procedural Posture

Appeal Under Section 192 of the Communications Act 2003 / Costs Ruling Following Substantive Judgment

Legal Issues

  1. 1 Whether costs should follow the event in appeals under section 192 of the Communications Act 2003
  2. 2 Whether Ofcom should be liable for BT's costs despite acting reasonably and in good faith
  3. 3 Whether BT's partial success and conduct justify a reduction in recoverable costs

Ratio Decidendi

The Tribunal held that while the starting point is that costs follow the event in section 192 appeals, BT's partial success and conduct warranted a significant reduction. BT was awarded 50% of its recoverable costs (excluding certain disbursements and the costs of a specific hearing), and Ofcom was ordered to pay an interim amount. CityFibre was not entitled to costs for undetermined remedy issues, and the Tribunal declined to revisit a prior costs order against CityFibre, finding no material change of circumstances or prompt application.

Court Disposition

BT awarded 50% of its recoverable costs (excluding Dr. Basalisco's evidence and the 20 November 2017 hearing); Ofcom to pay BT £500,000 interim payment; BT to pay Ofcom's costs of the 20 November 2017 hearing; CityFibre's costs claims dismissed; prior costs order against CityFibre not revisited.

Orders

  • Ofcom to pay BT 50% of its recoverable costs of the appeal, excluding disbursements for Dr. Basalisco's evidence and costs of the 20 November 2017 hearing.
  • Ofcom to pay BT an interim payment of £500,000 within 28 days.