Case No. UKUT-0130-(LC)-UTLC-Case-Number:-LC-2022-142

10.The Tribunal is given a discretion, pursuant to paragraph 26 of the Code, to make an order conferring interim rights on the claimant if it has served on the respondent a notice complying with paragraph 20(2) of the Code (setting out the rights sought) and can show a “good arguable case” that the test for the conferral of Code rights in paragraph 21 of the Code is met. I need not set out that test in full; I refer below to the following part of it:“(3) The second condition is that the public benefit likely to result from the making of the order outweighs the prejudice to the relevant person.(4) In deciding whether the second condition is met, the court must have regard to the public interest in access to a choice of high quality electronic communications services.”