King's / Queen's Bench Division of the High Court

QB-2022-001364 - [2025] EWHC 2758 (KB)

Fecha: 30-Oct-2025

Edge’s case on limitation

75.

Mr Strickland did not rely on any of the statutory qualifications or exceptions to the rule in section 2 of the 1980 Act.

His case in relation to COSUGs was that Ofcom’s breach of section 8(4) of the WTA 2006 in requiring a licence for commercial use continued until 28 April 2016. As the Claim was brought on 27 April 2022, it was in time.

ii)

Edge’s case in relation to COMUGs was that the breach was continuing at all material times, or alternatively until 17 September 2017. This claim was brought on 24 August 2023 and therefore, on either basis, within 6 years of the breach coming to an end, if it has come to an end at all.

Heading
Introduction
The factual and legal context for the claims
Edge’s pleaded claim in these proceedings
As a matter of law does Edge have an actionable claim in damages in relation to the breaches of statutory duty which it alleges?
The broad issues under this heading
Mr Strickland’s first submission in greater detail
Discussion and conclusion on Mr Strickland’s first argument
The principles applicable to determining whether there is a right to claim damages for breach of section 8(4) of the WTA 2006
Edge’s argument
Discussion
Are the claims or either of them time-barred?
Section 2 of the Limitation Act 1980
When were the claims “brought”?
Edge’s case on limitation
Ofcom’s case on limitation
Discussion and conclusion
Conclusions