Source: All England Reporter
Publisher Citation: [2011] All ER (D) 80 (Oct)
Neutral Citation: [2011] EWCA Civ 1121
Court: Court of Appeal, Civil Division

Pill, Toulson and Sullivan LJJ

Representation Lord Pannick QC, Brian Kennelly and Catherine Donnelly (instructed by Penningtons) for the claimant.
  Christopher Vajda QC and Ben Rayment (instructed by Ofcom) for the defendant.
Judgment Dates: 11 October 2011


Telecommunications - Regulation of telecommunications - Mobile satellite communications systems - Request to cancel filing of system - Claimant securing filing of system with International Telecommunications Union by having assignments relating thereto recorded in relevant register - Failure to bring system into operation in accordance with notified specification - Defendant regulator informing claimant of intention to request cancellation of assignments - Claimant appealing dismissal of judicial review claim - Whether defendant failing to take into account relevant considerations - Whether defendant taking into account irrelevant consideration - Whether decision proportionate.

The Case

Telecommunications Regulation of telecommunications. The Court of Appeal, Civil Division, dismissed an appeal against a refusal to quash the decision of the defendant to request that the claimant's assignment of radio frequencies be cancelled on the grounds that, in the circumstances, the decision had been proportionate and the reasons given for it had been lawful and sufficient.

Practice Areas

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