Phones 4U Ltd v EE Ltd & Ors (Re Interest and Permission to Appeal) [2023] EWHC 3378 (Ch) (12 January 2024)

Phones 4U Ltd v EE Ltd & Ors (Re Interest and Permission to Appeal) [2023] EWHC 3378 (Ch) (12 January 2024)

Claims against all defendants dismissed; permission to appeal refused as none of the grounds had any real prospect of success; appropriate interest rates for costs paid in euros set at MRO rate plus 1.5% pre-judgment and MRO rate plus 2.5% post-judgment.

Citation
[2023] EWHC 3378 (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: Telefónica O2 Holdings Limited
Jurisdiction
England and Wales
Judgment Date
12 January 2024
Procedural Posture
Competition Law Claim / Post Judgment Ruling on Interest and Permission to Appeal
Outcome
Permission to appeal refused; interest rates determined for costs paid in euros.
Legal Topics
Concerted Practice, Interest on Costs, Permission to Appeal, Bad Faith, Document Preservation, Evidential Presumptions
Competition Law Commercial Law Civil Procedure Concerted Practice Interest on Costs Permission to Appeal Bad Faith Document Preservation +1 more

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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

Telefónica O2 Holdings Limited

Eighth Defendant

Procedural Posture

Competition Law Claim / Post Judgment Ruling on Interest and Permission to Appeal

Legal Issues

  1. 1 Appropriate interest rates for costs paid in euros
  2. 2 Permission to appeal against dismissal of competition law claims
  3. 3 Concerted practice under Article 101(1) TFEU and Chapter I CA 1998

Ratio Decidendi

Claims against all defendants dismissed; permission to appeal refused as none of the grounds had any real prospect of success; appropriate interest rates for costs paid in euros set at MRO rate plus 1.5% pre-judgment and MRO rate plus 2.5% post-judgment.

Court Disposition

Permission to appeal refused; interest rates determined for costs paid in euros.

Orders

  • Pre-judgment interest on costs paid in euros at MRO rate plus 1.5%.
  • Post-judgment interest on costs paid in euros at MRO rate plus 2.5%.