Published on: 05 October 2021
Published by a LexisNexis TMT expert
Joined cases Vodafone GmbH v Bundesrepublik Deutschland Case C-854/19; Verbraucherzentralen und Verbraucherverbände—Verbraucherzentrale Bundesverband eV v Vodafone GmbH Case C-5/20; and Telekom Deutschland GmbH v Bundesrepublik Deutschland Case C-34/20
Zero tariff, or zero rating, has long been contentious because it deliberately favours some app providers, clashing with net neutrality principles—the idea that the internet should be open to everyone and free from unequal treatment. Under these offers, a customer buys a data bundle but can use specified apps without that usage counting against their allowance. In other words, usage of named services does not reduce the volume of data included in the plan. These carve‑outs are determined by the ISP. The ISP chooses which apps are exempt and, typically, these are those linked to particular partnerships. In the Telenor ruling last year, the Court of Justice offered welcome clarity by holding that Telenor’s zero rating arrangements were incompatible with net neutrality rules. That said, the decision dealt specifically with discriminatory reductions in internet speed applied once a user had exceeded the agreed data cap. As a result, it left scope for the argument that ISPs might still be able to provide zero‑rated apps...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...