EasyAir’s Carphone claim is “bona fide”

The Manchester High Court has acknowledged EasyAir’s £13 million damages claim against Carphone Warehouse’s fixed line division Opal Telecom.

Opal is attempting to strike out the claim. But Justice Hodge said in the Manchester High Court: "The claimant’s claim is bona fide."

It is unclear whether Opal will proceed with its strike out application in light of Justice Hodge’s comments.

EasyAir, trading as OpenAir, offered services to GSM Gateway operators via a service contract with O2. It sold its customer base to Opal Telecom in 2004, but claims Opal Telecom breached contract after O2 terminated its GSM Gateway service agreement.

The Manchester High Court also refused to accept Opal Telecom’s estimation of the securities EasyAir is required to put up. Opal Telecom said EasyAir should provide £425,000. Justice Hodge said it should put up a blanace of £75,000.

"On more than one occasion the judicial eyebrow is raised over some of the amounts raised by the counsel and the hours incurred by the defendant by way of work," said Justice Hodge.

Justice Hodge also noted Opal’s "reluctance and refusal to disclose" information.

OpenAir managing director Anthony Lloyd-Weston said: "I am content we have a valid claim as reflected in the judge’s recent comments in the Manchester High Court, and despite Opal’s stance on the matter.

"Serious questions have to be asked of the involvement of Ofcom in this and the basis upon which the mobile network operators unilaterally terminated similar GSM Gateway services, as appears to have taken place with VIP Communications and T-Mobile."

Easy Air’s lawsuit against Opal Telecom is expected to be heard in September, and could inform the outcome of Floe Telecom’s case against Vodafone and VIP Communications’ case against T-Mobile, both in the High Court of Appeal and both hinging on the termination of GSM Gateway contracts by the networks.