Ruling (Requests for permission to appeal)

Ruling refusing T-Mobile and O2 permission to appeal the Tribunal’s judgment [2008] CAT 15 on the ground that the appellants do not have a real prospect of establishing that the proper construction of section 192 is inconsistent with their rights under Article 4 of the Framework Directive.

The Tribunal considered that the point of law relating to the question whether it is possible for OFCOM to take a decision under section 14 Wireless Telegraphy 2006 would have a real prospect of success. However, given the potential impact of any decision granting permission to appeal might have on the further progress of parallel judicial review proceedings, the Tribunal decided the most appropriate course was to refuse permission to appeal.