Jurisdiction(s):
United Kingdom

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Key definition

Appeal definition

What does Appeal mean? An appeal is the process for challenging a decision and asking a higher court, tribunal or internal decision-maker to review it, for example after a disciplinary or dismissal outcome, or a court or tribunal judgment. The term is descriptive; the available routes, time limits and tests are set by statute and procedural rules (e.g., CPR Part 52 in England & Wales), not by a single definition. Key features across England & Wales, Scotland, Northern Ireland and Ireland include: strict filing deadlines; permission/leave in many cases; defined grounds of appeal (typically error of law or procedural unfairness; factual findings are rarely...

BT Group Plc v Le Patourel: Court of Appeal (England and Wales) upholds opt-out CPO; no opt-in presumption; CAT may order account credits; merits assessment plays limited role

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub captures the position as at the judgment dated 06/05/2022; it is not being updated. See further, timeline, commentary and related cases.

Case facts

Outline

An Appeal was brought against the CAT’s ruling of 27 September 2021, which had dismissed a challenge to the collective proceedings order made by the CAT. That order certified, on an opt-out basis, a Damages claim against BT pursued by Mr Justin Le Patourel under section 47B of the Competition Act 1998.

Latest developments

On 6 May 2022, the Court of Appeal handed down its judgment and unanimously rejected the appeal. It held, amongst other things, that:

neither section 47B nor the CAT Rules 2015 establish any policy or legal bias in favour of, or against, opt-in or opt-out;
the CAT rightly determined it possessed authority to order an account credit; and
the CAT’s course of deciding the summary proceedings, and then concluding the merits added nothing further to the opt-in/opt-out choice, was a permissible approach.

Parties

Appellants:

BT Group Plc and British Telecommunications...

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Web page updated on 28/05/2026

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