Virgin v Sky (confidentiality skirmish) [2008] EWCA Civ 612

Court of Appeal judgment (about 10 pages) in a preliminary skirmish in Virgin's High Court abuse of dominant position claim against Sky.

The judgment confirms the High Court's rejection of a request by Sky for lawyers advising Virgin on the CAT litigation regarding divestment of Sky's ITV shares and on Ofcom's review of pay TV markets to be prevented from seeing some confidential information disclosed by Sky.

One concern seemed to be about what the sensitive documents might imply about Sky's motive for investing in ITV. The court ruled that, unless the CAT proceedings were “on a false basis” (in which case that should be corrected through disclosure), this risk was not material given that the CAT case was a judicial review without examination of primary evidence. As for Ofcom, it could gain access to the relevant documents itself.

Paragraph 6 of the judgment contains an update on the state of the various cases.

For further information or advice please contact Franck Latrémolière.

Filed under BSkyB, CAT, Media, Ofcom, UK courts.

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