The High Court ordered extensive document discovery in a dispute over the rollout and performance of a WiMAX broadband network supplied by Motorola to companies trading as Imagine Networks. The ruling addressed pre-trial applications by both sides; it did not decide the underlying claims, which remained for trial.
IBB Internet Services Limited, Irish Broadband Internet Services Limited and Imagine Communications Group Limited claim damages for alleged breach of contract, negligence and misrepresentation. They say the network rollout was delayed and parts of the network supplied were dysfunctional. Motorola disputes the claims. The judgment describes these as allegations and records that its observations about the merits were tentative.
Mr Justice Barrett’s judgment, delivered on 3 February 2015, ordered Motorola to disclose documents across a range of categories, including tender-stage representations and risk assessments, network performance and technical problems, rollout timelines, business plans, and communications concerning remedial actions. Some categories were limited by dates or scope; others were refused as too vague, oppressive or insufficiently shown to be relevant. Some disclosure categories had already been agreed between the parties and did not require a ruling.
The court also ordered discovery from the first and second plaintiffs and, in a separate part of the order, from the third plaintiff. Their disclosure included material concerning the alleged collateral agreement, the companies’ structure and claimed single economic entity, purchase orders, site and acceptance records, customer numbers, complaints, and aspects of the network’s technical performance. The court narrowed or declined several requests, including requests it considered too broad or duplicative. Some orders were conditional on a party first identifying particular sites, equipment, people or terms with greater specificity.
The judgment noted that the scale of discovery meant trial was still some way off. It did not resolve whether Motorola breached any agreement or was negligent or made misrepresentations, nor whether the plaintiffs were entitled to damages. Those matters remained outstanding.