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The England and Wales Court of Appeal dismisses the appeal contesting the validity of Ofcom’s choice of cost model and states that pointing out flaws in the reasoning adopted by a disputed decision is not enough in order to be successful on a merits appeal (Everything Everywhere)

Appeals on the merits: only pick a hole if you can fill it* In his recent blog “Down the rabbit hole,” Tom Richards described the “quasi judicial review within an appeal” contained in s.193(7) Communications Act 2003 as something of a Wonderland. On 6 March 2013 it was the turn of the Court of Appeal to enter Wonderland. However, the judgment of Moses LJ in Everything Everywhere Ltd v Competition Commission and ors [2013] EWCA Civ 154 gives important general guidance on the evidence needed for an appeal “on the merits”. It is likely to be of assistance to appellants in a variety of contexts, whether or not they have ventured into this particular statutory Wonderland. The statutory context is this. Decisions of Ofcom can be appealed to the CAT under s.192. That appeal is an appeal on the

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  • Blackstone Chambers (London)

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Emily Neill, The England and Wales Court of Appeal dismisses the appeal contesting the validity of Ofcom’s choice of cost model and states that pointing out flaws in the reasoning adopted by a disputed decision is not enough in order to be successful on a merits appeal (Everything Everywhere), 6 March 2013, e-Competitions March 2013, Art. N° 60858

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