Areas of Work

Telecommunications

Devereux Chambers has been involved in telecommunications law for many years, having had (and retaining) a strong connection with, amongst other major communications providers, British Telecommunications. For example, a number of barristers from Devereux Chambers and/or their cases feature in BT’s Book on 25 years of telecoms litigation. Members of Chambers practising in this area have an extensive overview of telecoms law and a detailed technical understanding of the issues involved.

This expertise has been called upon by a wide range of clients in the sector, including most of the Mobile Network Operators, other Fixed Network Operators, overseas telecoms companies, IT entities and landowners with telecoms apparatus on their sites. Because of the integrated nature of the sector, great care is always taken to prevent any possible potential conflicts of interest.

Chambers’ work in this area includes not only court-based litigation, Competition Appeal Tribunal cases and arbitration work, but also contract drafting, advisory work and acting as neutral evaluators or arbitrators in telecoms disputes. For example, members of Chambers have experience in:

• Telecommunications contract disputes
• Regulatory issues and competition law, including SMP and other conditions and Ofcom’s Dispute resolution powers.
• Mobile telephone network communications
• Technical communications issues including multimedia and computer-related problems
• Tariff charging cases
• Interconnection agreements
• Artificial Inflation of Traffic (AIT)
• Dial through fraud
• The Proceeds of Crime Act in the telecoms context
• Wayleave disputes relating to telecommunications equipment and the Electronic Communications Code
• New Street Works Code and Traffic Management Act issues
• Overseas regulatory appeals

Examples of Devereux Chambers’ involvement in leading cases include:

• BT v Ofcom [2011] CAT 5 (decision on the application of an SMP cost orientation obligation and the proper exercise of Ofcom’s powers under s.190(2)(d) of the Communications Act 2003 – currently subject to an appeal)

http://www.catribunal.org.uk/files/1146_BT_Judgment_CAT5_220311.pdf

• BT v Ofcom [2011] EWCA Civ 245 (Court of Appeal decision on the admission of evidence before the Competition Appeal Tribunal and the nature of an appeal “on the merits” under s. 195 of the Communications Act 2003)

http://www.bailii.org/ew/cases/EWCA/Civ/2011/245.html

• BT v Ofcom [2010] CAT 15 (references to the Competition Commission and the jurisdiction of Ofcom to investigate retrospective compliance disputes under ss.185-191 of the Communications Act 2003)

http://www.catribunal.org.uk/files/1146_BT_Judgment_CAT15_110610.pdf

• Ardentia Ltd v British Telecommunications [2008] EWHC 2111 (Ch) (Contractual issues relating to the NHS national IT project)

http://www.bailii.org/ew/cases/EWHC/Ch/2008/2111.html

• BT v Ofcom  [2008] CAT 12 (leading case on Ofcom's dispute resolution powers under section 185 of the 2003 Act)

http://www.catribunal.org.uk/files/Judgment_TRDs_200508.pdf

• Banco Nacional de Commercio Exterior SNC v Empressa de Telecommunicaziones [2007] 2 All ER Comm. 1093 (freezing orders in connection with international telecoms traffic)

http://www.bailii.org/ew/cases/EWCA/Civ/2007/662.html

• Orange v Ofcom [2007] CAT 36 (jurisdiction of the Competition Appeal Tribunal)

http://www.catribunal.org.uk/files/Jud1080Orange211207.pdf

• Toneylogo Ltd v British Telecommunications plc (HC QB Birmingham Mercantile Ct, 1.2.05), LTL 9/2/2005, (the leading case on the definition of AIT under the Interconnect Agreement)
• Mercury Communications v Director General of Telecommunications [1996] 1 WLR 48 (Regulatory issues) (1996) 1 All ER 575 (pre-Communications Act regulation)
• BT v Humber Bridge Board (6.12.2000), Lawtel AC0100350 (Wayleaves and the Telecommunications Code) 

 

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