EE Limited v Virgin Mobile Telecoms Limited

EE Limited v Virgin Mobile Telecoms Limited

EE's claim for damages for breach of the exclusivity clause is, in law, a claim for loss of profit and falls within the scope of the 'anticipated profits' exclusion in clause 34.5(a) of the TSA. The exclusion clause is clear and unambiguous, and the claim is excluded. There is no factual matrix or evidence requiring trial; summary judgment is appropriate.

Parties
Claimant: EE Limited; Defendant: Virgin Mobile Telecoms Limited
Jurisdiction
England and Wales
Judgment Date
12 November 2025
Procedural Posture
Commercial Contract Dispute / Summary Judgment Application
Outcome
Summary judgment granted in favour of Virgin Mobile Telecoms Limited; EE's claim is excluded by clause 34.5(a) of the TSA.
Legal Topics
Exclusion Clauses, Damages, Summary Judgment, Interpretation of Contracts
Contract Law Telecommunications Law Exclusion Clauses Damages Summary Judgment Interpretation of Contracts

Case Brief

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Parties

EE Limited

Claimant

Virgin Mobile Telecoms Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether EE's claim for damages for breach of exclusivity is excluded by the 'anticipated profits' exclusion clause in the TSA
  2. 2 Proper legal characterisation of EE's claim for 'Charges unlawfully avoided'
  3. 3 Whether summary judgment is appropriate given the factual matrix and evidence

Ratio Decidendi

EE's claim for damages for breach of the exclusivity clause is, in law, a claim for loss of profit and falls within the scope of the 'anticipated profits' exclusion in clause 34.5(a) of the TSA. The exclusion clause is clear and unambiguous, and the claim is excluded. There is no factual matrix or evidence requiring trial; summary judgment is appropriate.

Court Disposition

Summary judgment granted in favour of Virgin Mobile Telecoms Limited; EE's claim is excluded by clause 34.5(a) of the TSA.

Orders

  • EE's claim is struck out and summary judgment entered for VM.
  • Parties to liaise over an appropriate order reflecting the decision.