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Telecommunications Regulatory Commission -v- Caribbean Cellular Telephone Limited Claim No. BVIHCVAP 2015/0015 (December 2015)

December 2015 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - STAY OF SPECTRUM AWARD 2015 PROCESS - CIVIL PROCEDURE RULES - RULE 56.4(8) OF THE ENGLISH CIVIL PROCEDURE RULES, 2000 (THE “ECPR”) - WHETHER A ‘STAY OF PROCEEDINGS’ UNDER ECPR 56.4(8) INCLUDES A STAY OF AN ADMINISTRATIVE DECISION OR PROCESS - EXERCISE OF JUDICIAL DISCRETION IN GRANTING INTERIM RELIEF - INTERIM INJUNCTION AGAINST PUBLIC BODY - ASSESSING WHERE BALANCE OF CONVENIENCE LIES - DETERMINING RISK OF INJUSTICE

This Appeal by the Telecommunications Regulatory Commission (the “TRC”) was against the decision of the Judge below to stay the implementation of the Spectrum Award, 2015 process. The Spectrum Award Process as it was called by the TRC was the procedure to be adopted for the allocation of spectrum under various bans to mobile network operators in the BVI. The Respondent, Caribbean Cellular Telephone Limited (“CCT”) was one such operator and successfully obtained leave to make a Claim for judicial review of TRC’s conduct, generally, including in relation to the Spectrum Award Process. The Respondent also obtained a stay of the Spectrum Award Process purportedly pursuant to Section 56.4(8) of the ECPR and applied for interim injunctive relief. Injunctive relief was refused and the Respondent cross-appealed in relation to same.

 

To continue reading full articles in PDF format:
Telecommunications Regulatory Commission -v- Caribbean Cellular Telephone Limited Claim No. BVIHCVAP 2015/0015 (December 2015)

 

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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

Telecommunications Regulatory Commission -v- Caribbean Cellular Telephone Limited Claim No. BVIHCVAP 2015/0015 (December 2015)

20 December 2015

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - STAY OF SPECTRUM AWARD 2015 PROCESS - CIVIL PROCEDURE RULES - RULE 56.4(8) OF THE ENGLISH CIVIL PROCEDURE RULES, 2000 (THE “ECPR”) - WHETHER A ‘STAY OF PROCEEDINGS’ UNDER ECPR 56.4(8) INCLUDES A STAY OF AN ADMINISTRATIVE DECISION OR PROCESS - EXERCISE OF JUDICIAL DISCRETION IN GRANTING INTERIM RELIEF - INTERIM INJUNCTION AGAINST PUBLIC BODY - ASSESSING WHERE BALANCE OF CONVENIENCE LIES - DETERMINING RISK OF INJUSTICE

This Appeal by the Telecommunications Regulatory Commission (the “TRC”) was against the decision of the Judge below to stay the implementation of the Spectrum Award, 2015 process. The Spectrum Award Process as it was called by the TRC was the procedure to be adopted for the allocation of spectrum under various bans to mobile network operators in the BVI. The Respondent, Caribbean Cellular Telephone Limited (“CCT”) was one such operator and successfully obtained leave to make a Claim for judicial review of TRC’s conduct, generally, including in relation to the Spectrum Award Process. The Respondent also obtained a stay of the Spectrum Award Process purportedly pursuant to Section 56.4(8) of the ECPR and applied for interim injunctive relief. Injunctive relief was refused and the Respondent cross-appealed in relation to same.

 

To continue reading full articles in PDF format:
Telecommunications Regulatory Commission -v- Caribbean Cellular Telephone Limited Claim No. BVIHCVAP 2015/0015 (December 2015)

 

 

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