Courts / Tipperary / Report

Order granting discovery of documents in long-running Esat Digifone case

Summary

In a long-running High Court action concerning the 1996 award of Ireland's second mobile phone licence to Esat Digifone, Mr Justice Senan Allen granted discovery orders in proceedings brought by Comcast International Holdings Inc, Ganley International Ltd, GCI Ltd, and businessman Declan Ganley. The plaintiffs, whose Cellstar consortium was an unsuccessful bidder, allege that the selection process was flawed and corrupted, seeking damages from the Minister for Public Enterprise, the State, Denis O'Brien, and Michael Lowry TD. The defendants deny these claims. The action, initiated in 2001, involved motions for the discovery of 22 categories of documents, including tender evaluations and communications. Defendants opposed the applications, arguing the requests were onerous and dated. In a detailed judgment, Mr Justice Allen noted the complexity of the case, exacerbated by prior Court of Appeal and Supreme Court decisions. He was satisfied to order the discovery of documents in most, but not all, of the requested categories. After delivering his decision, the judge adjourned the matter to allow the parties to consider his decision.

Who, what, where, when and why

What: Report matter: Order granting discovery of documents in long-running Esat Digifone case. Procedural stage: appeal

When:

• 2019-11-01 Publication

Case subjects

Places mentioned

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Stage Appeal

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Read the original CNI report