Phonepayplus Ltd v Ashraf and another

Telecommunications – Regulatory bodies. The proceedings concerned the legality of the imposition of fines upon premium rate services (PRS) providers. An adjudication tribunal had found that the first defendant provider had breached a code of practice, approved under the Communications Act 2003 and had imposed a fine and administrative charges. The claimant enforcement authority applied for summary judgment to recover the fine and charges from the first defendant. The Chancery Division, in granting the application, held that OFCOM had lawfully delegated to the claimant all powers of enforcement of the code and that, applying the law to the facts, the first defendant had no real prospect of successfully defending the claim.

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