||All England Reporter
|| All ER (D) 132 (Dec)
||Robin Knowles QC (instructed by Clifford Chance) for Consignia.
||Mark Howard QC and Mark Brealey (instructed by Freshfields Bruckhaus Deringer) for Hays.
||11 December 2001
Action - Civil action - Damages - Exclusion of right of action - Meaning of 'exclusive privilege' - Whether statute conferring private cause of action - s 66(1)
On the true construction of s66(1) of the British Communications Act 1981, the term 'exclusive privilege' conferred on the Post Office an entitlement to do something rather than an entitlement to exclude another from doing so. The Act and the regulations made under it provided a basis for the Crown to claim damages, but there was no method by which the Post Office could claim compensation for breaches of the exclusive privilege.
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