The case, (Phones 4u Ltd (in administration) v EE Ltd [2018] EWHC 49 (Comm)), heard in the commercial court in January 2018 has raised important points about whether a company can claim for ‘loss of bargain’ common law damages for a repudiatory breach of contract.

In this instance, mobile phone provider EE did just this, even though its termination notice relied solely on a contractual right to terminate. The court ultimately decided that EE could not claim for such damages.