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1146/3/3/09 British Telecommunications Plc v Office of Communications (Partial Private Circuits)

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Summary of appeal published 30 December 2009. By an Order dated 29 December 2009, the Appellant was granted permission to file additional witness evidence, supporting documents and an amended Notice of Appeal reflecting such new evidence and documents by 6 January 2010, and the time for filing the defence was extended until further notice.

A case management conference took place on 11 February 2010. The Tribunal’s Order of the same date sets out the timetable for the hearing of the appeal and grants permission to Cable & Wireless UK, Virgin Media Limited, Global Crossing (UK) Telecommunications Ltd, Verizon UK Limited and COLT Telecommunications (collectively, “the Altnets”) to intervene in the proceedings.

A hearing of certain preliminary issues arising in the appeal took place on 25 and 26 May 2010 and the Tribunal’s judgment on these preliminary issues was handed down on 11 June 2010. On 9 July 2010, the Chairman made a Ruling granting an application by BT for an extension of time in which to bring an appeal against the Tribunal’s judgment on the preliminary issues.

The main hearing took place on 20, 21, 22, 25, 26 and 28 October 2010. The Tribunal’s judgment was handed down on 22 March 2011. On 13 June 2011, the Tribunal made a ruling refusing the Appellant permission to appeal the Tribunal’s judgment of 22 March 2011.

A ruling in relation to OFCOM’s application for its external legal costs was handed down on 28 October 2011.

In a judgment handed down on 27 July 2012, the Court of Appeal refused British Telecommunications plc permission to appeal on one of the three grounds of appeal raised. Whilst permission to appeal was granted on the other two grounds, the substantive appeal was dismissed.

This case has now been archived.

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