Permission to Appeal granted by Court of Appeal

As noted below, on 1 February 2024, P4U filed an application with the Court of Appeal for permission to appeal certain aspects of Mr Justice Roth’s decisions.

The principal documents filed in support of P4U’s application for permission to appeal are linked below:

1. Appellant’s Notice

2. Grounds of Appeal

3. Skeleton Argument

On 15 February 2024, the Respondents filed submissions opposing P4U’s permission application as follows:

1. EE Limited, Orange SA and Vodafone Limited / Vodafone Group PLC

2. Deutsche Telekom AG

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

On 26 March 2024, the Court of Appeal issued an order granting P4U permission to appeal on Grounds 1 to 5 and 7 (concerning, in broad terms, the competition law claims). Permission was denied in respect of Ground 6 (concerning the breach of contract claim against EE Limited) and Ground 8 (concerning the post-judgment interest rate applicable to certain Defendants’ costs). The order can be found here.