Split Trial Hearing

On 5 October 2020, the Court heard arguments regarding the issue of whether the trial should be split and, if so, on what basis, following the strong preference for a split trial expressed by Mr Justice Roth at the second CMC. 

The unofficial transcript of the hearing is linked below:

• Split Trial Hearing Transcript

Please note that:

1. The transcript is published in the form received from the transcriber; and

2. We are posting the transcript solely for the convenience of interested third parties and we make no representation as to its accuracy and do not accept any responsibility for any errors or omissions in it. 

Following the hearing, Mr Justice Roth made an order for a split trial. The first trial will determine issues of infringement and breach, and the second will determine issues of causation and quantum. The first trial is listed to commence on 11 May 2022. 

The submissions of the parties, the approved ruling and order of Mr Justice Roth are linked below:

1. Phones 4U Limited

2. EE Limited

3. Deutsche Telekom AG

4. Orange SA

5. Vodafone Limited / Vodafone Group PLC

6. Telefonica UK Limited (O2) / Telefónica S.A. / Telefonica O2 Holdings Limited

7. Approved Ruling of Mr Justice Roth regarding Split Trial

8. Sealed Directions Order of Mr Justice Roth regarding Split Trial