Lebara Mobile Ltd & Ors v Lycamobile UK Ltd & Ors

Lebara Mobile Ltd & Ors v Lycamobile UK Ltd & Ors

The balance of convenience does not favour granting the interim injunction sought by Lebara. While there are serious issues to be tried regarding the legality of Lyca's Block under contract, competition, and E-Privacy law, the losses alleged by Lebara are not shown to be substantial or irremediable, damages are likely to be adequate, and the Block will end in April 2016 due to new EU regulation. Delay and status quo also weigh against granting relief.

Parties
Claimant: Lebara Mobile Limited; Claimant: Lebara Limited; Claimant: Lebara France Limited; Claimant: Lebara Media Services Limited; Claimant: Lebara Group B. V.; Claimant: Yokara Trademarks S. AR. L; Claimant: Yokara Global Trademarks S. AR. L; Defendant: Lycamobile UK Limited; Defendant: Lycamobile Germany GmbH; Defendant: Lycamobile S. AR. L; Defendant: Lycamobile S. R. L.; Defendant: Lycamobile Distribution Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2015
Procedural Posture
Interim Injunction Application / Ruling on Application for Interim Injunction
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Breach of Contract, Unlawful Means Torts, E Privacy Directive, Consumer Rights, Mandatory Injunctions, Balance of Convenience
Competition Law Contract Law Consumer Protection Telecommunications Law EU Law Interim Injunctions Breach of Contract Unlawful Means Torts +4 more

Case Brief

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Parties

Lebara Mobile Limited

Claimant

Lebara Limited

Claimant

Lebara France Limited

Claimant

Lebara Media Services Limited

Claimant

Lebara Group B. V.

Claimant

Yokara Trademarks S. AR. L

Claimant

Yokara Global Trademarks S. AR. L

Claimant

Lycamobile UK Limited

Defendant

Lycamobile Germany GmbH

Defendant

Lycamobile S. AR. L

Defendant

Lycamobile S. R. L.

Defendant

Lycamobile Distribution Limited

Defendant

Procedural Posture

Interim Injunction Application / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether Lyca's 'Block' constitutes actionable wrong under English and EU law
  2. 2 Whether there is a serious issue to be tried regarding breach of contract, competition law, and E-Privacy Directive
  3. 3 Adequacy of damages as remedy for Lebara and Lyca

Ratio Decidendi

The balance of convenience does not favour granting the interim injunction sought by Lebara. While there are serious issues to be tried regarding the legality of Lyca's Block under contract, competition, and E-Privacy law, the losses alleged by Lebara are not shown to be substantial or irremediable, damages are likely to be adequate, and the Block will end in April 2016 due to new EU regulation. Delay and status quo also weigh against granting relief.

Court Disposition

Application dismissed