This morning Mr Sumption, QC for ITC, said that if the court found in favour of the Virgin challenge, C5B should still win the licence because only it had both high quality programes and the highest bid.
This afternoon however Mr Scrivener, QC for Virgin TV, said that the court should go no further than quashing the award of the licence to C5B: it did not have the authority to decide who should win the licence.
On Monday the hearing resumes and the issue of programme quality will be heard.
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