EE Limited & Anor v HSBC Bank Plc

The Tribunal ordered the claimants to pay the respondent's reasonable transaction costs and the costs of the reference, as the reference was necessary due to the claimants' actions and the respondent was always willing to allow access.

Parties: Claimant: EE Limited and Hutchison 3G UK Ltd; Respondent: HSBC Bank PLC
Jurisdiction: England and Wales
Judgment Date: 04 July 2022
Procedural Posture: Electronic Communications Code Reference / Costs Determination Following Agreement on Interim Rights
Outcome: Claimants ordered to pay compensation and costs to respondent
Legal Topics: Electronic Communications Code, Interim Rights, Costs, Compensation

Telecommunications Law Property Law Electronic Communications Code Interim Rights Costs Compensation

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Parties

EE Limited and Hutchison 3G UK Ltd

Claimant

HSBC Bank PLC

Respondent

Procedural Posture

Electronic Communications Code Reference / Costs Determination Following Agreement on Interim Rights

Legal Issues

1 Entitlement to compensation for transaction costs under the Electronic Communications Code
2 Liability for costs of the reference under paragraph 26 of the Code

Ratio Decidendi

Court Disposition

Claimants ordered to pay compensation and costs to respondent

Orders

Claimants to pay respondent's reasonable transaction costs under paragraphs 25 and 84 of the Code, to be determined by the Tribunal if not agreed.
Claimants to make a payment on account of compensation in the sum of £12,500.