Awaiting the CAT decision.26 Jan 2026 14:55
Whist Wednesday will be important, the CAT decision will be the main mover of the share price when the result is known.
if the CAT judgement goes wrong then PAY could be on the end of a hefty bill. In fact anything major would likely require large a rights issue or bankrupt them.
Will it be 170m? Unlikely. Ofwat have never made a formal finding against Paypoint for breaching competition law and it is unlikely the CAT will now.
Utilita have already settled with Paypoint despite being part of the same litigation as Global 365 and have actually now entered into a 5 year contract with them and accepted an undisclosed sum.
Paypoint have continually stated that they will win and there is no basis for Global365s claim.
PayPoint’s defence counsel argued that Global-365 fundamentally over-estimated the market opportunity and that its product was not yet market-ready. PayPoint suggested that energy suppliers simply weren’t interested in it.
Also, Paypoints legal team pointed out that "an internal Global-365 email by a quality-assurance tester in 2021 that described the company’s own SMARTprepay software as a “complicated Frankenstein mess”
This is why I believe Utilita settled and why Global-365 didn’t;
Utilita,already had customers, already had volumes, already had a working product and could show actual lost margin
Whereas Global-365 is trying to prove a missed market entry, are depending heavily on hypothetical success in a notoriously tight and hard to enter market and as can be seen by the Paypoint defence, vulnerable to internal-document attacks.
So, £172m? On the balance of it, even if something is proven or the CAT Tribuneral find something, the damages will be minimal (say £0 - £10m) and not material in any way.
But, pay your money, take your chance. The risks are known, as is the upside of 850+
If it goes pete tong, nobody can say they were not warned or informed......