CA-2024-002837 - [2025] EWCA Civ 1118

The issue in this appeal concerns the true construction of s.32(2) and (2A) of the Communications Act 2003 (the “2003 Act”).

It is an appeal from the decision of the Competition Appeal Tribunal (Mr Justice Morris, Jane Burgess and Anna Walker CB) (the “Tribunal”), reached for reasons explained in its judgment dated 15 November 2023 (the “Judgment”). The Tribunal (in a further Relief Judgment dated 13 September 2024, after hearing submissions on remedy) dismissed an appeal from the confirmation decision of the Office of Communications (“Ofcom”) made on 19 August 2022 (the “Decision”).

By the Decision, Ofcom concluded that the appellant, Sky UK Limited (“Sky”), was required to provide end of contract notifications (“EoCNs”) to certain of its customers. That was because the services, in respect of which the EoCNs were said to be required, constituted “electronic communications services” (“ECS”) within the meaning of s.32(2) of the 2003 Act.

I am grateful to both Mr Ward KC (representing Sky) and Mr Holmes KC (representing Ofcom) and those appearing with them for their clear and succinct written and oral arguments.