Justin Gutmann v Apple Inc & Ors

Justin Gutmann v Apple Inc & Ors

Permission to appeal is deferred for 21 days on Ground 1 (failure to strike out the substandard iPhone claim) to allow the PCR to amend pleadings; permission to appeal is refused on Grounds 2, 3, and 4 as the CAT's evaluative and case management decisions were within its discretion and not irrational or erroneous.

Parties
Proposed Class Representative / Respondent: Justin Gutmann; Proposed Defendant / Appellant: Apple Inc.; Proposed Defendant / Appellant: Apple Distribution International Limited; Proposed Defendant / Appellant: Apple Retail UK Limited
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Civil Appeal (competition/collective Proceedings) / Permission to Appeal From Competition Appeal Tribunal
Outcome
Permission to appeal deferred on Ground 1 for 21 days; refused on Grounds 2, 3, and 4.
Legal Topics
Abuse of Dominant Position, Collective Proceedings, Reverse Summary Judgment, Strike Out Applications, Class Representative Suitability, Disclosure, Case Management
Competition Law Consumer Protection Abuse of Dominant Position Collective Proceedings Reverse Summary Judgment Strike Out Applications Class Representative Suitability Disclosure +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Justin Gutmann

Proposed Class Representative / Respondent

Apple Inc.

Proposed Defendant / Appellant

Apple Distribution International Limited

Proposed Defendant / Appellant

Apple Retail UK Limited

Proposed Defendant / Appellant

Procedural Posture

Civil Appeal (competition/collective Proceedings) / Permission to Appeal From Competition Appeal Tribunal

Legal Issues

  1. 1 Whether the CAT erred in refusing to strike out the claim that Affected iPhones were substandard and breached warranty or statutory rights
  2. 2 Whether the CAT erred in permitting the alternative case based on lack of transparency and consumer reaction
  3. 3 Whether the CAT erred in not striking out the claim for the period after Apple's 28 December 2017 announcement

Ratio Decidendi

Permission to appeal is deferred for 21 days on Ground 1 (failure to strike out the substandard iPhone claim) to allow the PCR to amend pleadings; permission to appeal is refused on Grounds 2, 3, and 4 as the CAT's evaluative and case management decisions were within its discretion and not irrational or erroneous.

Court Disposition

Permission to appeal deferred on Ground 1 for 21 days; refused on Grounds 2, 3, and 4.

Orders

  • Permission to appeal on Ground 1 deferred for 21 days to allow the PCR to propose amendments to the draft Re-Amended Claim Form; if not satisfactorily amended, permission to appeal on Ground 1 will be granted.
  • Permission to appeal refused on Grounds 2, 3, and 4.