Visit JCPCUKSC/2021/0019
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PUBLIC LAW/HUMAN RIGHTS
R (on the application of VIP Communications Ltd (In Liquidation)) (Respondent) v Secretary of State for the Home Department (Appellant)
Case summary
Case ID
UKSC/2021/0019
Parties
Appellant(s)
Secretary of State for the Home Department
Respondent(s)
VIP Communications Limited (In Liquidation)
Issue
Can the Secretary of State direct the Office of Communications (Ofcom) not to introduce regulations exempting certain wireless telegraphy equipment from a licensing requirement on national security grounds?
Facts
The Respondent VIP Communications was a company specialising in commercial multi–user gateways (“COMUGs”), a system which enables phone calls and text messages from landlines to be routed directly on to mobile networks. The Appellant is concerned that COMUGs give rise to national security and public safety concerns. This is because the COMUG system means that information identifying the caller is not conveyed to the network making identification almost impossible.In 2017 Ofcom issued a direction stating its intention to make regulations exempting COMUGs from licensing requirements. In response the Secretary of State directed Ofcom that COMUGs should not be exempted. The Respondent brought Judicial Review proceedings arguing that the Secretary of State acted beyond their powers in giving the direction. The High Court and the Court of Appeal found that the Respondent was correct. The Secretary of State now appeals to the Supreme Court.
Date of issue
7 January 2021
Judgment appealed
Judgment details
Judgment date
8 March 2023
Neutral citation
[2023] UKSC 10
Judgment links
Judgment summary
8 March 2023
Appeal
Justices
Hearing dates
Start date
4 October 2022
End date
4 October 2022
Watch hearings
4 October 2022 - Morning session
4 October 2022 - Afternoon session
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Last updated 16 April 2024