Third Case Management Conference held
A third case management conference was held on 13, 14 and 18 October 2021 to hear P4U’s applications to: (i) adduce expert evidence of an economist in respect of certain matters that arise on the case (the “Expert Application”); (ii) amend its particulars of claim following receipt of over 185,000 documents from the Defendants and through correspondence thereafter (the “Amendment Application”); and (iii) request that the second Defendant conduct specific additional searches in connection with the scope of its disclosure (the “Disclosure Application”). In addition, the hearing considered submissions regarding key dates in the timetable to trial.
All Defendants opposed the Expert Application and presented arguments on this issue and the timetable proposed by P4U.
The proposed amendments to the particulars of claim were served on the Defendants on 30 July 2021 and all but Deutsche Telekom and Vodafone provided their consent during the month of September. An amendment was agreed with Vodafone in respect of a specific matter and their objection was therefore withdrawn shortly before the hearing (but after skeleton arguments had been filed). Deutsche Telekom was therefore the only party that appeared in respect of the Amendment Application and the Disclosure Application.
Unofficial transcripts of the hearing are linked below:
Please note that:
The transcripts are published in the form received from the transcriber; and
We are posting such transcripts solely for the convenience of interested third parties and we make no representations as to the accuracy of such transcripts nor accept any responsibility for any inaccuracies contained within them.
The skeleton arguments for the hearing are linked below:
The approved judgments relating to the three applications, and the sealed order of Mr Justice Roth dated 27 October 2021, are linked below:
A copy of the amended particulars of claim served on 19 October 2021 can be found here.