Courts / Ireland / Report

State and Denis O'Brien to get sight of third-party funding arrangement in mobile license action

Summary

In 2015 the High Court heard an application by Persona Digital Telephony and Sigma Wireless Networks, the unsuccessful bidders for the State's second mobile phone licence, to approve a third‑party funding arrangement with Harbour Litigation Funding. The plaintiffs, who had been denied a licence that was awarded to Denis O'Brien's Esat Digifone consortium in 1996, claimed the licence process was unfair and that Esat had bribed Minister Michael Lowry. Harbour Litigation Funding, a British company, would receive a share of any damages if the plaintiffs succeeded. Justice Aileen Donnelly ruled that the plaintiffs must disclose the general terms of the funding agreement and the identity of the funder so the court could assess potential abuse of process or champerty. The case was scheduled for a two‑day hearing in July, with the plaintiffs seeking damages for misfeasance, breach of duty, breach of contract, and a declaration that the 1996 regulations contravene EU law, all of which were denied.

Who, what, where, when and why

What: Report matter: State and Denis O'Brien to get sight of third-party funding arrangement in mobile license action. Procedural stage: hearing_or_decision

When:

• 2015-06-30 Publication

Why: "Undoubtedly, this is a unique case," she said, "for the reasons set out by the Supreme Court" in its decision to allow the action, despite objections on the basis of delay and because the case presented a "novel and unusual set of circumstances". CNI source report

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Stage Hearing Or Decision

Read the original CNI report