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

Edge’s claim was first brought on 27 April 2022, albeit without any Particulars of Claim. This Claim Form was not served on Ofcom. Subsequently, Edge filed an amended Claim Form, dated 22 August 2022, and served it on 25 August 2022. This amended Claim Form was accompanied by Particulars of Claim dated 22 August 2022.

The claim originally only related to COSUGs. On 24 August 2023, however, Edge filed and served Amended Particulars of Claim which added a claim relating to COMUGs. Edge had not sought the Court’s permission, or Ofcom’s agreement, to amend its Particulars of Claim. However, no point was taken on this for the purposes of the preliminary issues. At the same time, Edge sought Ofcom’s agreement to a stay pending the Supreme Court’s judgment in R (VIP Communications Limited (in liquidation)) v SSHD) (supra). In a letter of 30 August 2022, Ofcom agreed to the proposed stay, but stated that this agreement was without prejudice, amongst other things, to any defence based on limitation.

It was therefore common ground that, for the purposes of section 2 of the Limitation Act 1980, the claim in respect of COSUGs was brought on 27 April 2022 and the claim in respect of COMUGs was brought on 24 August 2023.