Judgment handed down on the same day as judgment in another appeal by BT pursuant to the 2003 Act against a decision of OFCOM: [2005] CAT 20.
Although OFCOM successfully resisted BT’s appeal in this case Director General of it did not apply for its costs. Nonetheless BT submitted, in line with its submissions to the Tribunal in the “RBS Backhaul” case, that BT should not be ordered to pay OFCOM’s costs.
The Tribunal noted that BT’s appeal in this case was the first appeal to consider matters arising under the General Conditions of Entitlement and raised matters of considerable importance to the industry. The issues which the Tribunal was required to adjudicate were complicated and BT’s appeal raised serious and important issues regarding the practice of “slamming” in the industry which, as a consequence of the appeal, OFCOM now sought to address. Furthermore OFCOM modified its stance as to certain matters following BT’s appeal.
In all the circumstances the correct order was that each side should bear its own costs.
