Phones 4U Ltd v EE Ltd & Ors [2020] EWHC 1994 (Ch) (24 July 2020)

Phones 4U Ltd v EE Ltd & Ors [2020] EWHC 1994 (Ch) (24 July 2020)

It is premature and inappropriate to make an order now requiring the claimant to provide further specific factual particulars of the alleged anti-competitive conduct by the second defendant after disclosure. The claimant must review disclosure and, if able, provide further particulars, but any request for such particulars should be pursued by correspondence in the first instance, with the court to consider any formal application if necessary.

Citation
[2020] EWHC 1994 (Ch)
Parties
Claimant: Phones 4U Limited (In Administration); First Defendant: EE Limited; Second Defendant: Deutsche Telekom AG; Third Defendant: Orange SA; Fourth Defendant: Vodafone Limited; Fifth Defendant: Vodafone Group Public Limited Company; Sixth Defendant: Telefonica UK Limited; Seventh Defendant: Telefónica, S.A.; Eighth Defendant: Telefonica O2 Holdings Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2020
Procedural Posture
Competition Law Claim (civil) / Interlocutory Application (part 18 Request for Further Particulars)
Outcome
Application dismissed
Legal Topics
Anti Competitive Agreements, Disclosure, Pleading Requirements, Case Management, Part 18 Requests
Competition Law Civil Procedure Anti Competitive Agreements Disclosure Pleading Requirements Case Management Part 18 Requests

Case Brief

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Parties

Phones 4U Limited (In Administration)

Claimant

EE Limited

First Defendant

Deutsche Telekom AG

Second Defendant

Orange SA

Third Defendant

Vodafone Limited

Fourth Defendant

Vodafone Group Public Limited Company

Fifth Defendant

Telefonica UK Limited

Sixth Defendant

Telefónica, S.A.

Seventh Defendant

Telefonica O2 Holdings Limited

Eighth Defendant

Procedural Posture

Competition Law Claim (civil) / Interlocutory Application (part 18 Request for Further Particulars)

Legal Issues

  1. 1 Whether the claimant should be ordered to provide further specific factual particulars of alleged anti-competitive conduct by the second defendant (DT) after disclosure.
  2. 2 Whether it is appropriate to make a conditional order for further particulars post-disclosure under CPR Part 18 or CPR 3.1(2)(m).

Ratio Decidendi

It is premature and inappropriate to make an order now requiring the claimant to provide further specific factual particulars of the alleged anti-competitive conduct by the second defendant after disclosure. The claimant must review disclosure and, if able, provide further particulars, but any request for such particulars should be pursued by correspondence in the first instance, with the court to consider any formal application if necessary.

Court Disposition

Application dismissed