The Master of the Rolls
Lady Justice Asplin
Lord Justice Green
Phones 4U (in administration) –v- EE Ltd and others
By Appellants Notice filed on 7 August 2020, the Sixth- Eighth Defendants (collectively Telefonica) appeal that part of the order resulting from paragraphs 46-62 and 63 (ix) of Roth J’s judgment dated 17 July 2020 which provides that each of the Second Defendant (Deutsche Telekom DT), Third Defendant (Orange), the Fourth & Fifth Defendants (collectively Vodafone) and Telefonica, should write to 4 third party custodians of documents, to be selected by the Claimant, to request access, on certain terms, to their personal mobile phones and emails, for the purpose of IT consultants searching for work related communications over the relevant period relevant to the issues in the case.
The proceedings concern claims by the Claimant (4PU),which was until its insolvency in 2014, a retail distributor of telecommunication products & services and in particular an indirect distributor of connections to telecommunication networks operated by Mobile Network Operators including Vodafone, O2 and EE (at the relevant time a joint venture between DT and Orange). The central allegation is said to be that Vodafone, O2 & EE (and their parent companies) colluded to reduce their reliance on 4PU as a distributor&/or on indirect distributors generally, that such collusion was in breach of UK and EU competition law; and that such collusion caused 4PU to enter administration and lose the value of its business. All the Defendants deny the allegations.
