Ruling (Refusing permission to appeal)

Ruling of the Tribunal refusing Orange’s request for permission to appeal against the judgment on the “core issues” in four appeals brought by T-Mobile, BT, H3G and a group of fixed network operators ([2008] CAT 12).

The Tribunal found the request did not adequately identify a point of law which can properly be the subject of an appeal. In so far as Orange raised a point of law as to the correct test to be applied under section 185 of the Communications Act 2003, the Tribunal found that the challenge had no real prospect of success.

The Tribunal also found that there was no other compelling reason why permission to appeal should be granted.