High Court approves split trial in complex franchise dispute involving Vodafone
The High Court has ordered a split trial in complex commercial proceedings involving claims worth approximately £84 million brought by multiple franchisees against Vodafone Limited.
In a judgment delivered on 26 March 2026, Mr Justice Bryan ruled that dividing the case into two stages, liability and quantum, would provide the most efficient and proportionate approach to resolving the dispute.
The proceedings have been brought by 62 claimants, all former franchisees of Vodafone, who operated retail stores across the UK under franchise agreements entered into between 2018 and 2023. The claimants collectively allege that their commercial experience differed significantly from what had been represented when entering into the agreements.
The claims span several categories, including allegations relating to commercial agency status, franchise remuneration, underpayments, penalties, and contractual breaches. The largest component of the case concerns claims valued at approximately £52 million linked to alleged rights under the Commercial Agents Regulations.
Vodafone disputes the claims and argues that the regulations do not apply to the franchise arrangements. The company has also raised set-off defences in response to certain claims.
In considering whether to order a split trial, the court undertook what it described as a “pragmatic balancing exercise”, weighing factors such as efficiency, cost, complexity and fairness.
The judge concluded that determining liability issues first could potentially dispose of a substantial portion of the claims, thereby avoiding the need for a second trial focused on quantum. He noted that the principal claims involve common legal issues, while quantum would require detailed, claimant-specific analysis.
The court also considered the complexity of the case, observing that a single trial addressing both liability and quantum would likely be lengthy and difficult to manage. A split approach was therefore considered more suitable to reduce the burden on the court and the parties.
However, the judge acknowledged potential disadvantages, including the risk of delays arising from appeals between trial stages. Despite this, he concluded that the benefits of a structured approach outweighed those concerns.
The ruling also addressed procedural matters, including the use of sample claimants to streamline the proceedings and the approval of a co-counselling arrangement involving two law firms representing different groups of claimants, subject to conditions designed to prevent duplication of costs.
The case will now proceed with a first trial focusing on liability issues, with further proceedings on quantum to follow if necessary.