Ben Lynch appears in major telecommunications Court of Appeal case

01 August 2012

Ben Lynch appeared in the important BT v Ofcom “PPC” case [2012] EWCA Civ 1051 in the Court of Appeal, led by Christopher Vajda QC and Andrew Burrows QC (Hon). Ben had previously been led by Graham Read QC before the CAT: [2011] CAT 5 (Marcus Smith QC sitting as Chairman). The case concerned (1) issues of Ofcom’s jurisdiction to determine disputes referred to it under s.185 Communications Act 2003 (“CA 2003”), (2) the meaning and effect of “cost orientation” SMP conditions and Ofcom’s duties when considering and applying the same, and (3) the nature and scope of Ofcom’s remedial powers under s.190(2)(d) CA 2003. The case will be important for future disputes referred to Ofcom.