Arqiva Ltd & Ors v Everything Everywhere Ltd & Ors

Arqiva Ltd & Ors v Everything Everywhere Ltd & Ors

The agreements between Arqiva and the Defendants do not permit EE and OPCS to implement 2G/3G roaming and network consolidation where such arrangements amount to further consolidation or sharing with another licensed operator, assignment, or sub-licensing, without Arqiva's consent. The implementation of roaming by...

Source-derived case information.

Parties
Claimant: Arqiva Limited; Claimant: Arqiva Service Limited; Claimant: Arqiva No 2 Limited; Claimant: Arqiva No 3 Limited; Claimant: Arqiva Arial Sites PLC; Defendant: Everything Everywhere Limited; Defendant: Orange Personal Communications Service Limited; Defendant: Orange Holdings (UK) Limited; Defendant: Mobile Broadband Network Limited; Defendant: Hutchinson 3G (UK) Limited
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Commercial/contractual Dispute / Expedited Trial—judgment on Liability and Entitlement to Relief; Quantum and Final Orders Reserved
Outcome
Liability judgment for Arqiva on breach of contract; form of relief and quantum reserved for further submissions
Legal Topics
Interpretation of Telecommunications Site Agreements, Roaming Rights and Network Consolidation, Assignment and Sub Licensing of Contractual Rights, Breach of Contract, Remedies—injunctions and Damages, Spectrum Licence Transfer Validity
Contract Law Telecommunications Law Property Law Interpretation of Telecommunications Site Agreements Roaming Rights and Network Consolidation Assignment and Sub Licensing of Contractual Rights Breach of Contract Remedies—injunctions and Damages +1 more

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Summary, issues, holding and outcome

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Parties

Arqiva Limited

Claimant

Arqiva Service Limited

Claimant

Arqiva No 2 Limited

Claimant

Arqiva No 3 Limited

Claimant

Arqiva Arial Sites PLC

Claimant

Everything Everywhere Limited

Defendant

Orange Personal Communications Service Limited

Defendant

Orange Holdings (UK) Limited

Defendant

Mobile Broadband Network Limited

Defendant

Hutchinson 3G (UK) Limited

Defendant

Procedural Posture

Commercial/contractual Dispute / Expedited Trial—judgment on Liability and Entitlement to Relief; Quantum and Final Orders Reserved

Legal Issues

  1. 1 Whether the agreements between Arqiva and the Defendants permit or prohibit the implementation of 2G/3G roaming and network consolidation between EE and OPCS
  2. 2 Whether OPCS remains a spectrum licence holder or if the transfer to EE was valid under the Wireless Telegraphy Act 2006
  3. 3 Whether the Defendants' actions constitute breaches of the relevant agreements and/or trespass

Ratio Decidendi

The agreements between Arqiva and the Defendants do not permit EE and OPCS to implement 2G/3G roaming and network consolidation where such arrangements amount to further consolidation or sharing with another licensed operator, assignment, or sub-licensing, without Arqiva's consent. The implementation of roaming by EE for OPCS customers (and vice versa) constitutes a breach of the relevant agreements up to 2 March 2011, when OPCS was still a licensed operator. The validity of the spectrum licence transfer from OPCS to EE is not determined in this judgment, as OFCOM was not a party and further submissions are required. The question of injunctive relief and quantum is reserved for further...

Court Disposition

Liability judgment for Arqiva on breach of contract; form of relief and quantum reserved for further submissions