Phones 4U Ltd v EE Ltd & Ors

Phones 4U Ltd v EE Ltd & Ors

It would be premature and inappropriate to order the claimant to provide further specific factual particulars at this stage. The claimant must review disclosure and, if able, provide better particulars, but a formal order now is unnecessary. The application is dismissed.

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
Civil (competition/commercial) / Interlocutory Application (part 18 Request for Further Particulars)
Outcome
Application dismissed
Legal Topics
Anticompetitive Agreements, Disclosure, Pleading Requirements, Case Management
Competition Law Civil Procedure Anticompetitive Agreements Disclosure Pleading Requirements Case Management

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

Civil (competition/commercial) / 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 after disclosure
  2. 2 Whether the claimant's current response to the Part 18 request is sufficient at this stage

Ratio Decidendi

It would be premature and inappropriate to order the claimant to provide further specific factual particulars at this stage. The claimant must review disclosure and, if able, provide better particulars, but a formal order now is unnecessary. The application is dismissed.

Court Disposition

Application dismissed