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Statutory licences issued by a regulator do not give rise to contractual rights and obligations

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 27 2010

In Data Broadcasting International Limited v Office of Communications (OFCOM) 2010 EWHC 1243 (Admin) the court reiterated the protections afforded to regulators in a commercial context and made it clear that licences issued under a statutory regime will not be treated as contracts and therefore there will be no possibility of the licensee seeking damages under contract law for a breach of the licence