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

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

Fecha: 30-Oct-2025

Heading

Neutral Citation Number: [2025] EWHC 2758 (KB)

Case No: QB-2022-001364

IN THE HIGH COURT OF JUSTICE

KING'S BENCH DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 30/10/2025

Before :

MR JUSTICE LINDEN

Between :

EDGE TELECOMMUNICATIONS LIMITED

Claimant

- and –

OFFICE OF COMMUNICATIONS ("OFCOM")

Defendant

Francis Hornyold-Strickland (instructed by Spencer West LLP) for the Claimant

Josh Holmes KC, Nikolaus Grubeck and Margherita Cornaglia (instructed by OFCOM) for the Defendant

Hearing dates: 15 & 16 October 2025

Approved Judgment

This judgment was handed down remotely at 10.30am on 30October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.

.............................

MR JUSTICE LINDEN

Mr Justice Linden :

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