Aldan Management Limited
Independent governance, restructuring and insolvency

Phones 4U Limited (in administration)

News and updates

First Case Management Conference held

On 2 March 2020, the first Case Management Conference (“CMC”) commenced. The first day of the CMC was for reading, followed by a two-day hearing.

Unofficial transcripts of the hearing are linked below.

Please note that:

  1. The transcripts are published in the form received from the transcriber; and

  2. 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 it.

The skeleton arguments and orders for Phones4U and the Defendants are linked below:

  1. Skeleton argument - Phones 4U

  2. Annex 1 - Electronic Documents Disclosure Summary

  3. Annex 2 - Agreed Directions

  4. Annex 3 - Comparison of Draft Directions

  5. Skeleton argument - EE Limited

  6. Skeleton argument - Deutsche Telekom AG

  7. Skeleton argument - Orange SA

  8. Skeleton argument - Vodafone Limited / Vodafone Group PLC

  9. Skeleton argument - Telefonica UK Limited (O2) / Telefónica S.A. / Telefonica O2 Holdings Limited

  10. Sealed order of Mr Justice Roth regarding the Request for Further Information from Deutsche Telekom AG

Paul Copley
Proceedings issued against mobile network operators

On 18 December 2018, Phones 4U Limited (in administration - “Phones 4U”) issued proceedings in the English High Court against:

  • EE Limited

  • Deutsche Telekom AG

  • Orange SA

  • Vodafone Limited

  • Vodafone Group PLC

  • Telefonica UK Limited (O2)

  • Telefonica SA

  • Telefonica Europe PLC

In the proceedings, Phones 4U advances three claims:

  • first, that EE, Vodafone and O2 (and/or their respective parent or group companies) were parties to an agreement and/or concerted practice in breach of EU and English competition law;

  • second, breach of contract against EE, relying on express and/or implied terms as to good faith; and

  • third, that Deutsche Telekom and Orange procured and induced the breach of EE’s contract with Phones 4U, and/or for common law conspiracy.

A copy of the Particulars of Claim can be found here. Further updates will be posted as the litigation progresses.

Paul Copley, Concurrent Administrator of Phones 4U Limited (in administration)

Paul Copley
Paul Copley appointed as administrator of Phones 4U Limited

On 23 November 2018, Paul Copley was appointed as a concurrent administrator of Phones 4U Limited (“Phones 4U”) to investigate the facts and circumstances that prompted the administration of Phones 4U, specifically as they relate to any potential breach of competition law by third parties.

The other administrators of Phones 4U are Ian David Green, Robert John Moran and David James Kelly, partners of PricewaterhouseCoopers LLP. They retain control of all other matters in respect of the administration and their contact details are at http://www.pwc.co.uk/phones4u

A copy of the Court Order appointing Paul Copley is here.

Regulatory disclaimer:

Paul David Copley has been appointed as concurrent administrator of Phones 4U Limited as its agent and he acts without personal liability. He is licensed in the United Kingdom to act as an insolvency practitioner by the Institute of Chartered Accountants in England and Wales. Paul David Copley may act as a controller of personal data as defined by the UK data protection law depending upon the specific processing activities undertaken. Aldan Management Limited may act as a data processor on his instructions. Personal data will be kept secure and processed only for matters relating to the administration. Paul David Copley is bound by the Insolvency Code of Ethics which can be found at: https://www.gov.uk/government/publications/insolvency-practitioner-code-of-ethics

Paul Copley