EE director named in contempt proceedings

Recent developments in the ongoing legal battle involving EE highlight significant issues regarding court evidence and solicitor handling. A Part 81 application filed in the court identifies Bernadette Kisaalu, EE's Product Legal Director, personally, as the applicant seeks permission under CPR 32.14 to initiate contempt proceedings regarding purported false statements made in EE’s Defence. Managed by the law firm DWF during the litigation process, the application was formally submitted in the case of Branigan v EE Ltd, N8QZ15X3, on 12 August 2026.

Counsel involved in the matter determined that the evidence presents “a compelling prima facie basis” for granting the permission application. The allegations focus on four key areas and detail 14 disputed statements, particularly highlighting contradictions between the Defence and timestamped records generated by EE’s app.

On 3 August, a counsel-settled OPEN notice was served through JSC Chambers demanding that DWF present the evidence directly to Ms Kisaalu. Although DWF confirmed receipt and an internal referral, they did not verify that this submission was made prior to the filing of the application; they later admitted that the assigned fee earner had departed from the firm.

This application stands independently from Gutmann v EE Limited and BT Group PLC, CAT 1625/7/7/23; however, it coincides with ongoing defences from EE and BT regarding certified opt-out proceedings related to alleged overcharging of mobile customers.

To date, there has been no judicial ruling on the matter. The official N600 document outlines potential repercussions of contempt, including imprisonment, fines, or the seizure of assets, should the allegations be substantiated.

For anyone seeking the complete primary-source documentation, it is available for immediate review. Interested parties may contact EE/BT Consumer Press at phyllisia.mccarthy@ee.co.uk or the DWF Press Office at Press.Office@dwf.law for further information. Both organisations have access to the thorough filing; the complete N600, OPEN notice, 14-entry schedule, Defence, witness evidence, and key exhibits can be compiled into an indexed pack for review upon request.