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

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

Fecha: 30-Oct-2025

Introduction

Introduction

In these proceedings, the Claimant (“Edge”) claims damages for breach of statutory duty – section 8(4) of the Wireless Telegraphy Act 2006 – by Ofcom, the United Kingdom regulator for, amongst other things, telecommunications. The breaches alleged are 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 alleges 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 has caused it loss and damage.

On 11 June 2024 a trial of the following preliminary issues was ordered by consent, and I heard argument on 15 and 16 October 2025:

Whether Edge’s claims are time-barred?

ii)

Whether as a matter of law Edge has an actionable claim in damages in relation to the breaches of statutory duty which it alleges?

I did not hear any evidence for the purposes of determining these issues. However, I was provided with a Schedule of Agreed Facts and there was also a statement of Mr Edward Mercer dated 13 May 2025. He is a solicitor who acts for Edge and he provided background information and his views on various matters. Neither party specifically referred to his statement and, with respect to him, it was of limited assistance in relation to the preliminary issues.