High Court rules damages not available in Ofcom claim (Edge Telecommunications v Ofcom)
Rowena Wisniewska has written a case analysis in partnership with LexisNexis UK.
Public Law analysis: The High Court has ruled that Parliament intended that a challenge to Ofcom’s exercise of, or failure to exercise, its powers under section 8(4) of the Wireless Telegraphy Act 2006 (WTA 2006) should be limited to a claim for judicial review. The court further held that Parliament did not intend that a private law claim in damages would be available. The claimant (‘Edge’) claimed damages for breach of statutory duty in respect of WTA 2006, s 8(4) by Ofcom, the UK regulator for telecommunications. The breaches alleged were that Ofcom failed to make regulations which would permit the commercial use of telecommunications apparatus known as ‘GSM Gateways’ without first obtaining a licence. Edge alleged that at all material times it was a commercial operator of GSM Gateways and that the fact that this type of equipment was not exempted from the requirement for a licence had caused it loss and damage.
You can read the full analysis here - https://www.lexisnexis.co.uk/legal/news/high-court-rules-damages-not-available-in-ofcom-claim-edge-telecommunications-v-ofcom
