Application for interim relief relating to a decision made by the Office of Communications pursuant to section 316 of the Communications Act 2003 dated 31 March 2010. Summary of application published on 16 April 2010.
A hearing took place on 23, 26, 27, 28 and 29 April 2010. Following agreement between Sky, OFCOM, BT, Virgin and Top-Up TV, on 29 April 2010 interim relief was granted upon the terms of the President’s Order.
On the 29 October 2010 the Tribunal heard an application by Real Digital EPG Services Limited to vary the interim order dated 29 April 2010. On 9 November 2010 the President decided to vary the interim order by lifting the suspension of the Decision in respect of REAL so as to put REAL in the same position as the other three companies who have been brought within the exception to the general suspension of the Decision.
The appeals in Cases 1156/8/3/10, 1157/8/3/10, 1158/8/3/10 and 1159/8/3/10 were heard together between 9 May 2011 and 15 July 2011. At a hearing on 8 August 2012, the Tribunal announced its judgment. A non-confidential version of the judgment was published on 26 October 2012.
A hearing to consider certain matters consequential to the Tribunal’s judgment in the Pay TV appeals took place on 6 February 2013 The Tribunal's ruling in relation to certain consequential matters was handed down on 27 February 2013. A further ruling, in relation to costs applications by Sky and FAPL, and the disposal of FAPL’s appeal, was handed down on 9 May 2013 ([2013] CAT 9). On 25 June 2013, the Tribunal made a ruling ([2013] CAT 14) on an application by Ofcom for permission to appeal the Tribunal’s costs order in these proceedings.
On 7 August 2013, the President made an Order suspending the effect of paragraph 3 of the President’s Order dated 17 May 2013.
On 15 July 2014 the President made an Order granting an application by Sky to admit a second witness statement of Ms Mai Fyfield in these proceedings.
A hearing took place on 23 July 2014 to consider BT’s application to amend the schedule to the Order of the President dated 29 April 2010. Judgment was handed down on 5 November 2014.
Judgment was handed down on 5 November 2014 ([2014] CAT 17). A hearing took place on 12 November 2014 to deal with matters consequential to the Judgment. An order and ruling ([2014 CAT 18) were subsequently made to give effect to the Judgment and deal with costs.
By Order dated 18 December 2015 the Tribunal gave permission for the appellants to withdraw their appeals, on agreed terms, in Cases 1152 (IR), 1156-1159, 1170 and 1179. A further order, in respect of Top Up TV, was made on 13 January 2016.
