PHONES 4U LIMITED (In Administration) v EE LIMITED

PHONES 4U LIMITED (In Administration) v EE LIMITED

Interest on costs paid in euros should be awarded at the ECB MRO rate plus 1.5% pre-judgment and plus 2.5% post-judgment. Permission to appeal is refused as none of the grounds have any real prospect of success; factual findings and legal principles were properly applied.

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
11 October 2024
Procedural Posture
Civil 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
Interest on Costs, Permission to Appeal, Concerted Practices, Evidential Presumptions, Bad Faith, Adverse Inferences
Competition Law Civil Procedure Interest on Costs Permission to Appeal Concerted Practices Evidential Presumptions Bad Faith Adverse Inferences

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

Telefónica O2 Holdings Limited

Eighth Defendant

Procedural Posture

Civil Claim / Post Judgment Ruling on Interest and Permission to Appeal

Legal Issues

  1. 1 Appropriate rate of interest on costs paid in euros
  2. 2 Permission to appeal against dismissal of competition law claims
  3. 3 Application of evidential presumption (Anic) in concerted practice cases

Ratio Decidendi

Interest on costs paid in euros should be awarded at the ECB MRO rate plus 1.5% pre-judgment and plus 2.5% post-judgment. Permission to appeal is refused as none of the grounds have any real prospect of success; factual findings and legal principles were properly applied.

Court Disposition

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

Orders

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