Summary of appeal published on 16 April 2010. A case management conference took place on 13 May 2010. The Tribunal’s Order of the same date sets out the timetable for the hearing and grants permission to T-Mobile UK Limited, Orange Personal Communications Services Limited, Vodafone Limited, Telefónica O2 UK Limited and Hutchison 3G UK Limited (collectively “the Interveners”) to intervene in the proceedings.
A hearing to determine OFCOM’s deemed application to exclude certain parts of British Telecommunications Plc’s (“BT”) evidence in support of its notice of appeal took place on 22 and 23 June 2010. A judgment on admissibility was handed down on 8 July 2010. A ruling refusing a request by OFCOM to stay the proceedings was handed down on 23 July 2010. A further ruling refusing OFCOM permission to appeal the Tribunal’s judgment of 8 July 2010 was handed down on 9 September 2010.
By an Order dated 29 October 2010, the Court of Appeal granted OFCOM permission to appeal the Tribunal’s judgment of 8 July 2010.
A case management conference took place on 3 November 2010, at which the Tribunal made an Order granting British Telecommunications Plc, Everything Everywhere Limited, Telefónica O2 UK Limited, Vodafone Limited, Hutchison 3G UK Limited, Opal Telecom Limited and Cable & Wireless UK permission to intervene in cases 1168 and 1169. The substantive hearing of the appeals in cases 1151, 1168 and 1169 took place from 4 to 20 April 2011. Judgment was handed down on 1 August 2011. A ruling (consequential on Judgment) was handed down on 12 August 2011.
A ruling dismissing Telefónica O2 UK Limited’s application for a partial stay of the Tribunal’s Order of 12 August 2011 was handed down on 3 October 2011.
A further ruling in connection with applications by Telefónica O2 UK Limited and, jointly, Everything Everywhere Limited, Hutchison 3G UK Limited and Vodafone Limited for permission to appeal the Tribunal’s judgment of 1 August 2011 was made on 18 November 2011.
On 17 February 2012, the Court of Appeal granted Telefónica O2 UK Limited, Everything Everywhere Limited, Hutchison 3G UK Limited and Vodafone Limited permission to appeal. On 4 April 2012 the Court of Appeal granted BT permission to cross-appeal in relation to Telefónica O2 UK Limited’s appeal.
On 25 July 2012, the Court of Appeal handed down a judgment allowing the appeals brought against the Tribunal’s judgment.
On 12 February 2013, the Supreme Court granted BT permission to appeal the Court of Appeal’s judgment of 25 July 2012.
On 9 July 2014, the Supreme Court handed down its judgment allowing BT's appeal and restoring the Tribunal's judgment of 1 August 2011.
On 3 December 2014, the Supreme Court made an order remitting consideration of any outstanding matters to the Tribunal. By order dated 19 December 2014, the Tribunal directed the parties to file any relevant submissions. A one-day hearing was listed for 8 April 2015 to hear the parties on any unresolved and consequential matters remitted by the Supreme Court. That hearing was vacated on 7 April 2015 following settlement of the issues. Consequently there were no outstanding matters for the Tribunal to consider.
