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Ruling that State not entitled to indemnity upheld, in long-running Esat action

Summary

The Court of Appeal has dismissed an appeal by the State, upholding a High Court ruling that the State is not entitled to seek indemnity or contribution from BT Communications Ireland, formerly Esat Telecommunications. The dispute arises from a long-running action by businessman Declan Ganley and Comcast International Holdings Inc regarding the awarding of Ireland's second mobile phone licence in 1996, in which their Cellstar consortium was an unsuccessful bidder. In 2018, Ms Justice Carmel Stewart struck out the State's notices for indemnity and contribution. The State appealed, arguing that BT should not be released from the case to allow a fully informed trial decision. However, the three-judge Court of Appeal, comprising Ms Justice Caroline Costello, Mr Justice Robert Haughton, and Mr Justice Donald Binchy, unanimously dismissed the appeal. Mr Justice Haughton agreed with the trial judge's conclusion that the State parties cannot seek indemnity or contribution from BT as an alleged concurrent wrongdoer following the release and accord arising from the agreement between the plaintiffs and BT. The court found that the notices did not disclose a reasonable cause of action. BT was awarded its legal costs for the appeal. The matter is now concluded with the State's claims against BT struck out.

Who, what, where, when and why

What: Report matter: Ruling that State not entitled to indemnity upheld, in long-running Esat action. Procedural stage: appeal. Findings: Struck out

When:

• 2021-12-01 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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