Andrew Walker KC and Richard Bottomley successfully represented the Claimant, British Telecommunication Plc (“BT”), in a judicial review in which the High Court quashed a decision of Carlisle Crown Court.

Richard appeared for BT at first instance on 8 December 2023 when BT were fined £50,000 for an offence under s.65 of the New Roads and Street Works Act 1991. That decision was appealed, and Richard appeared in Carlisle Crown Court, securing a reduction in the fine to £24,000.

BT sought judicial review of the decision of Carlisle Crown Court on four grounds. Mrs Justice Hill found that the Crown Court fell into error in how it approached the sentence and upheld BT’s challenge on Grounds 1 – 3 namely, inadequate reasons, failure to apply sentencing principles and guidelines, and applying an erroneous test on an appeal against sentence. (Ground 4 did not need to be resolved.)

Exceptionally, instead of remitting the matter back to Carlisle Crown Court, Mrs Justice Hill found that Carlisle Crown Court had no power to impose the £24,000 fine and substituted a fine of just £4,000.

Richard has extensive experience in both civil and criminal liability under the New Roads and Street Works Act, with a particular focus on telecommunications.

Andrew has a breadth of experience across many of chambers’ practice areas.

The judgment may be accessed here: British Telecommunication PLC (BT) v Crown Court at Carlisle [2025] EWHC 1826 (Admin).

Andrew and Richard were instructed by Sarah Adams of Openreach Network Legal Team.