Apple faces court battle over iPhone battery claims as confidentiality row threatens open justice

Apple is attempting to keep evidence secret in a £853m claim brought on behalf of millions of UK iPhone users.

Apple is today facing a court hearing over its attempt to keep key evidence secret in a collective action brought on behalf of millions of UK iPhone users over allegations their devices were deliberately slowed down without their knowledge.

Justin Gutmann, the consumer campaigner leading the claim, said:

“My claim alleges, on behalf of millions of iPhone users, that Apple abused its dominant position and that an important aspect of that abuse was that it was not transparent with its customers. In that context, it is therefore hard to understand why, years after filing my claim, Apple is still trying to keep evidence about what happened out of the public domain.

“A US tech giant should not be allowed to rely on claims of confidentiality to dictate what the British public can and cannot see in its own courts. Millions of consumers have, my claim argues, lost out and should be compensated.”

Gutmann filed his claim with the Competition Appeal Tribunal in June 2022. The claim was certified to proceed to a full trial in November 2023, despite attempts by Apple to have it dismissed.

The battery claim is one of several major UK legal actions involving Apple, with separate claims also being brought over iCloud storage, App Store charges and Apple Pay.

Sign up to Consumer Voice to get alerts on these cases and stay informed about your consumer rights, and how to claim when things go wrong.

What the iPhone battery claim is about

The claim says that Apple breached competition law by abusing its dominant position when it failed to respond fairly to battery issues that caused iPhones to shut down unexpectedly. 

Instead of explaining the problem to customers, Apple is alleged to have pushed iOS updates that incorporated a hidden “power management feature” which slowed down older iPhone models – without telling users.

As a result, consumers allegedly paid premium prices for iPhones that delivered reduced performance, and may have upgraded their devices or purchased new batteries earlier than they otherwise would have. 

The court row over Apple’s confidential evidence

Apple has designated large volumes of disclosed material as confidential, meaning it cannot be quoted in open court, referred to in judgments or shared outside a named confidentiality ring. The class representative has applied to the Tribunal for an order removing that designation.

Dorothea Anztoulatos, director of Charles Lyndon, solicitors to the class representative, said: “Apple is seeking effectively blanket confidentiality over large volumes of material, much of it relating to events that took place many years ago. This is not acceptable.”

She added: “We are primarily concerned with events that took place more than eight years ago and which related to iPhone models which have been superseded many times over. These blanket restrictions are excessive and unjustifiable, particularly in a case like this one that affects millions of consumers with claims being brought on their behalf.”

Open justice and right to know

The issue has drawn comment from courts at the highest level. 

The Tribunal Chair previously said he was “alarmed” at the extent of material designated confidential, warning it would be “highly unsatisfactory” if the Tribunal had to write a judgment that could not be made public. 

The Court of Appeal has also raised concerns, noting the importance of transparency and open justice.

Gutmann added: “If Apple has good reasons for its conduct, it should make those arguments openly in court as any other defendant is required to do. It is central to our legal system that justice must be seen to be done. 

“The claim is being brought as a collective action on consumers’ behalf – they deserve to know what evidence is being put before the Tribunal so they can understand what has gone on.”

Apple is also facing a separate iCloud claim

The battery claim is not the only UK legal action Apple is facing.

Which? confirmed this week that its claim against Apple – brought on behalf of nearly 40 million UK customers allegedly paid  inflated prices for cloud storage – has been allowed to proceed after Apple’s attempt to have it dismissed was unsuccessful. 

The iCloud claim alleges that Apple locked customers into its own storage service and made it difficult for them to use cheaper alternatives. This case is now moving towards trial 

If you use iCloud, or have paid for iCloud storage,  you can find out more and register your interest for updates as the claim proceeds.

Other Apple compensation claims to be aware of

The App Store claim follows the judgment awarding £1.5 billion on behalf of 36 million UK consumers after Apple was found to have charged app developers an unfair commission of up to 30%.

The case is currently subject to an appeal by Apple. Compensation cannot be paid until the appeals process has concluded. Find out more about the App Store claim.

Separately, an Apple Pay claim has been filed on behalf of an estimated 50 million consumers who may have paid higher banking costs as a result of Apple’s restrictions on mobile payment services. 

The next stage is certification by the Competition Appeal Tribunal. Check if you could be affected by the Apple Pay claim.