TLT advises Home Office on market first £600 million collective claim

UK national law firm TLT has advised the UK’s Home Office on a £600 million collective claim brought by Ms Spottiswoode on behalf of purchasers of Airwave emergency radio services.

On 13 October, the UK’s Competition Appeal Tribunal (CAT) handed down judgment in the case of Clare Mary Joan Spottiswoode CBE v Airwave Solutions Limited, Motorola Solutions UK Limited & Motorola Solutions, Inc, approving the appointment of Ms Clare Spottiswoode CBE as the class representative of a £600 million claim on behalf of purchasers of Airwave emergency radio services.  

The Tribunal also certified the claim as eligible to proceed on a collective, opt-out basis, rejecting arguments by Motorola that the class was defined too widely; and that the claim should proceed on an opt-in basis. Ms Spottiswood’s claim, which addresses overcharges incurred before the start of the charge control imposed on Airwave following a CMA Market Investigation, is now free to proceed, with a trial expected in 2027 or 2028.    

The decision marks the certification of the UK’s first non-commercially funded competition collective claim – Ms Spottiswoode (advised by Ashurst) is funded by the UK’s Home Office. Working in close partnership with the Government Legal Department (GLD) and in particular the Commercial Law Group’s dedicated Home Office team, TLT advised the UK’s Home Office, the largest purchaser of Airwave services, as both claim funder and separately as the largest class member in developing the collective proceedings claim.

The TLT team was led by Vicky Mabbett, Partner in TLT’s Commercial Dispute team and Stuart Murray, Competition Regulatory and Trade Partner in TLT’s Digital team. They were supported by members of the firm’s Competition, Regulatory and Trade; Commercial Dispute Resolution; and Tech, IP and Data teams.  

The firm’s commercial, procurement, commercial dispute resolution and competition teams, are also advising on the Home Office’s Emergency Services Network programme and the move of users from Airwave to this new and innovative network.

Commenting on the ruling, Stuart Murray, Digital Partner at TLT said: “This judgment represents the latest in a growing catalogue of successes that we have helped secure for the Home Office. We are incredibly proud to partner with GLD and in particular with their specialist Commercial Law Group (Home Office) team on yet another significant outcome, which unlocks the potential to reclaim vast sums, ultimately benefitting the UK taxpayer.”  

TLT also acted for the Home Office on the Market Investigation and subsequent appeals, including the dismissal of an appeal brought by Motorola Solutions, Inc. against a decision of the UK’s Competition and Markets Authority (CMA) to cap the revenue that Motorola can earn from mobile radio services provided over its Airwave Network; and continues to advise on Motorola’s compliance with the charge control and a pending review.

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