EE Limited v Virgin Mobile Telecoms Limited

Neutral Citation Number[2023] EWHC 2423 (TCC)

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EE Limited v Virgin Mobile Telecoms Limited

Neutral Citation Number[2023] EWHC 2423 (TCC)

Neutral Citation Number: [2023] EWHC 2423 (TCC)
Case No: HT-2022-000253
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
TECHNOLOGY & CONSTRUCTION COURT

Royal Courts of Justice, Rolls Building

Fetter Lane, London, EC4A 1NL

Date: 27 September 2023

Before :

Mrs Justice Joanna Smith

Between :

EE Limited

Claimant

- and -

Virgin Mobile Telecoms Limited

Respondent

Conall Patton KC and Gideon Shirazi (instructed by Bryan Cave Leighton Paisner LLP) for the Claimant

Adam Zellick KC, Philip Ahlquist and Gillian Hughes (instructed by Baker & McKenzie LLP) for the Respondent

Hearing dates: 27th September 2023

RULING ON INTEREST

Mrs Justice Joanna Smith Wednesday, 27 September 2023

(12:57 pm)

Ruling by MRS JUSTICE JOANNA SMITH

1.

The parties are at odds over the rate to be awarded on interest on costs (the principle of interest being accepted). The defendant seeks 2% above base rate, whereas the claimant argues for 1 % above base. Taking a broad brush approach to the brief submissions from the parties and applying caution for reasons I have already identified, I am going to order 1% above base rate in the exercise of my discretion.

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