Regulatory
Law

Unnecessary advice

Tribunals should beware of giving unnecessary advice or rulings. In the case of Office of Communications T-Mobile (UK) Ltd v Floe Telecom Ltd [2009] EWCA Civ 47 Mummery LJ observed:

‘Specialist tribunals seem to be more prone than ordinary courts to yield to the temptation of generous general advice and guidance. The wish to be helpful to users is understandable. It may even be commendable. But bodies established to adjudicate on disputes are not in the business of giving advisory opinions to litigants or potential litigants. They should take care not to be, or to feel, pressured by the parties or by interveners or by critics to do things which they are not intended, qualified or equipped to do. In general, more harm than good is likely to be done by deciding more than is necessary for the adjudication of the actual dispute.’