The Court of Appeal has dismissed an appeal by Phones 4U against the dismissal of its allegations of collusion against EE, Vodafone, O2 and their parent companies. The decision is the latest in the long-running litigation brought following the retailer's collapse in 2014.
Phones 4U sought to appeal the November 2023 decision of Roth J which rejected allegations that senior executives from EE, Vodafone, O2 - together with Orange and Deutsche Telekom - colluded to terminate their contracts to supply Phones 4U and remove it from the market. Following a five day hearing in May 2025, the Court of Appeal has dismissed Phones4U’s appeal on each of five grounds.
The judgment contains important guidance on the approach the Court of Appeal will take to delayed judgments, including on the risks of “island hopping” where an appellant seeks to reopen findings of fact on appeal.
Hannah Glover acted for the successful Fourth and Fifth Respondents, Vodafone UK and Vodafone Group, instructed by Hogan Lovells International LLP.
Kenneth MacLean KC, Owain Draper and Gideon Cohen acted for Phones 4U, instructed by Quinn Emmanuel Urquhart & Sullivan UK LLP.
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