Ruling granting The Carphone Warehouse Group plc (“CPW”) permission under Rule 11 of the Tribunal Rules to amend its notice of appeal.
CPW applied to amend its notice of appeal to add an allegation that the consultation carried out by OFCOM was inadequate because OFCOM refused to disclose to CPW the economic model and underlying information used to arrive at the prices set in the price control for local loop unbundling.
OFCOM resisted the proposed amendments, primarily on the basis that they introduced a new ground within the meaning of Rule 11 and none of the conditions of Rule 11(3) was fulfilled, and in the alternative because the proposed amendments were sterile since no relief was claimed in respect of the failure to disclose and they were not linked to any substantive complaint about the final decision. OFCOM also argued the defending the allegation would place a substantial burden on OFCOM.
The Tribunal concluded that the amendments proposed by CPW did not amount to a new ground within the meaning of Rule 11(3) of the Tribunal Rules. The Tribunal granted permission to make the amendments proposed in the exercise of its discretion under Rule 11(1), subject to the condition that the proposed paragraph 74A.3 which set out the ways in which CPW alleged it was disadvantaged by the failure to disclose was clarified and particularised further by CPW.
