They are supposed to carry their tails lower, that doesnt mean that they all do. The standard says that the hens tails are supposed to be about 25 degrees, there are some that have a tail angle of 0 and others that have a 90 degree tail. Old english are supposed to have white legs, not slate. Old english also have tighter fitting feathers, phoenix tend to be slightly more loose feathered, that is like saying that a buff orpington and a buff plymouth rock are the same. they both may have the same color and a single comb, but the tail angles are different, one is loosely feathered and has white legs, the other is closer feathered and has yellow legs. There are no other breeds that look like the other hen that are silver with a single comb, white earlobes, and slate legs, the type is like that of a phoenix, the tail is just different.
I still say that the other is a phoenix, just buy a cheap black and white APA standard on their site for $15 and read the standard.