Courts / Ireland / Report
Lawyers for Denis O'Brien tell High Court it would be wrong to allow breach of law on third party funding in Esat licence case
Summary
In a High Court hearing on 20 November 2015, Persona Digital Telephony and Sigma Wireless Networks sought permission to bring a claim against Denis O'Brien, Michael Lowry and the Irish State using funds from the British litigation funder Harbour Litigation Funding. The claim alleges that O'Brien's Esat Digifone consortium secured a 1996 mobile phone licence by bribing then‑Minister for Communications Michael Lowry, a claim denied by O'Brien. The court was asked to allow third‑party funding, which is prohibited in Ireland under champerty law. Paul O'Higgins SC, representing O'Brien, argued that permitting such funding would breach the law and that the constitutional right to access courts does not override champerty statutes. Niall Buckley BL, for Lowry, warned that third‑party funding could undermine court cost controls. Judge Aileen Donnelly did not set a decision date, stating she would reserve judgment.
Who, what, where, when and why
What: Report matter: Lawyers for Denis O'Brien tell High Court it would be wrong to allow breach of law on third party funding in Esat licence case. Procedural stage: hearing_or_decision
When:
- 2015-11-20 Publication
Places mentioned
- High Court
Topics
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