Mobile Menu
Offshore Cases

Digicel (BVI) Ltd -v- The Telecommunications Regulatory Commission Claim No. BVIHCV 214/2012

May 2014 Administrative Law Judicial Review

BRITISH VIRGIN ISLANDS

COMMERCIAL COURT

JUDICIAL REVIEW - THE TELECOMMUNICATION ACT, 2006 - RULES 56.13 AND 65.6 OF THE EASTERN CARIBBEAN SUPREME COURT RULES CONSTRUED

The Claimant, Digicel (BVI) Ltd (“Digicel”) issued a claim for judicial review of a decision made by the Telecommunications Regulatory Commission. The Commission found that Digicel was in breach of Section 75(1)(a)(iii) of the Telecommunications Act, 2006 (anti-competitive effect contrary to public interest) and imposed a fine of US$314,250. Digicel’s complaints against the Commission were that the decision was (i) ultra vires; (ii) an abuse of power; (iii) unreasonable; (iv) procedurally unfair; and, (v) the fine disproportionate. Digicel successfully argued grounds (iv) and (v) and an order was made quashing the Commission’s decision, and for repayment of the fine with costs. The decision is relevant for its guidance on costs.

 

To continue reading full articles in PDF format:
Digicel (BVI) Ltd -v- The Telecommunications Regulatory Commission Claim No. BVIHCV 214/2012

 

Accolades
_

"Few firms can come close to Conyers on one critical metric, and this is the breadth of the client base."
- IFLR1000

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Digicel (BVI) Ltd -v- The Telecommunications Regulatory Commission Claim No. BVIHCV 214/2012

18 May 2014

BRITISH VIRGIN ISLANDS

COMMERCIAL COURT

JUDICIAL REVIEW - THE TELECOMMUNICATION ACT, 2006 - RULES 56.13 AND 65.6 OF THE EASTERN CARIBBEAN SUPREME COURT RULES CONSTRUED

The Claimant, Digicel (BVI) Ltd (“Digicel”) issued a claim for judicial review of a decision made by the Telecommunications Regulatory Commission. The Commission found that Digicel was in breach of Section 75(1)(a)(iii) of the Telecommunications Act, 2006 (anti-competitive effect contrary to public interest) and imposed a fine of US$314,250. Digicel’s complaints against the Commission were that the decision was (i) ultra vires; (ii) an abuse of power; (iii) unreasonable; (iv) procedurally unfair; and, (v) the fine disproportionate. Digicel successfully argued grounds (iv) and (v) and an order was made quashing the Commission’s decision, and for repayment of the fine with costs. The decision is relevant for its guidance on costs.

 

To continue reading full articles in PDF format:
Digicel (BVI) Ltd -v- The Telecommunications Regulatory Commission Claim No. BVIHCV 214/2012

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com