“…as what it could and would have obtained in any event, had it exercised its statutory power lawfully, as explained by the Supreme Court in Benedetti v. Sawiris [2014] AC 938 (“Benedetti”). See Lord Clarke at [17]. And if that were wrong, the monies received by Ofcom could and should be subjectively devalued because Ofcom would only…”
“…t on the basis of the doctrine of free acceptance. He began by asking the four questions identified by Lord Clarke JSC at paragraph [10] of Benedetti v Sawiris [2014] AC 938, a case which was concerned with the valuation of services for the purposes of an unjust enrichment claim and to which I shall refer in more detail below. The …”