Digicel (St Lucia) Ltd & Ors v Cable & Wireless Plc & Ors

Digicel (St Lucia) Ltd & Ors v Cable & Wireless Plc & Ors

The court held that, except in Barbados (where the statute expressly provided a right of action), the relevant statutory and regulatory provisions in the Caribbean jurisdictions were not intended to confer private rights of action for damages for delay in interconnection. Breaches of such provisions were not actionable as torts, nor did they constitute 'unlawful means' for the tort of conspiracy to injure by unlawful means. The claimants failed to establish actionable breaches, causation, or loss in all jurisdictions except Turks & Caicos Islands, where only nominal damages for breach of contract were awarded. In Trinidad & Tobago, although TSTT acted contrary to honest practices, no loss...

Parties
Claimant: Digicel (St. Lucia) Limited; Claimant: Digicel (SVG) Limited; Claimant: Digicel Grenada Limited; Claimant: Digicel (Barbados) Limited; Claimant: Digicel Cayman Limited; Claimant: Digicel (Trinidad & Tobago) Limited; Claimant: Digicel (Turks & Caicos) Limited; Claimant: Digicel Limited; Defendant: Cable & Wireless Plc; Defendant: Cable & Wireless (West Indies) Limited; Defendant: Cable & Wireless Grenada Limited; Defendant: Cable & Wireless (Barbados) Limited; Defendant: Cable & Wireless (Cayman Islands) Limited; Defendant: Telecommunications Services of Trinidad & Tobago Limited
Jurisdiction
England and Wales
Judgment Date
15 April 2010
Procedural Posture
Civil Commercial / Final Judgment After Trial of Liability and Causation, Quantum Reserved
Outcome
Claims dismissed except for nominal damages for breach of contract in Turks & Caicos Islands.
Legal Topics
Abuse of Dominance, Interconnection Disputes, Conspiracy to Injure by Unlawful Means, Breach of Statutory Duty, Breach of Contract, Actionability of Statutory Obligations, Damages for Delay, Joint Tortfeasor Liability, Limitation of Actions
Competition Law Telecommunications Law Tort Law Contract Law Abuse of Dominance Interconnection Disputes Conspiracy to Injure by Unlawful Means Breach of Statutory Duty +5 more

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Parties

Digicel (St. Lucia) Limited

Claimant

Digicel (SVG) Limited

Claimant

Digicel Grenada Limited

Claimant

Digicel (Barbados) Limited

Claimant

Digicel Cayman Limited

Claimant

Digicel (Trinidad & Tobago) Limited

Claimant

Digicel (Turks & Caicos) Limited

Claimant

Digicel Limited

Claimant

Cable & Wireless Plc

Defendant

Cable & Wireless (West Indies) Limited

Defendant

Cable & Wireless Grenada Limited

Defendant

Cable & Wireless (Barbados) Limited

Defendant

Cable & Wireless (Cayman Islands) Limited

Defendant

Telecommunications Services of Trinidad & Tobago Limited

Defendant

Procedural Posture

Civil Commercial / Final Judgment After Trial of Liability and Causation, Quantum Reserved

Legal Issues

  1. 1 Whether the defendants breached statutory, regulatory, or licence obligations in delaying interconnection with Digicel companies in seven Caribbean jurisdictions
  2. 2 Whether such breaches are actionable as torts or otherwise give rise to damages
  3. 3 Whether breaches constitute 'unlawful means' for the tort of conspiracy to injure by unlawful means

Ratio Decidendi

The court held that, except in Barbados (where the statute expressly provided a right of action), the relevant statutory and regulatory provisions in the Caribbean jurisdictions were not intended to confer private rights of action for damages for delay in interconnection. Breaches of such provisions were not actionable as torts, nor did they constitute 'unlawful means' for the tort of conspiracy to injure by unlawful means. The claimants failed to establish actionable breaches, causation, or loss in all jurisdictions except Turks & Caicos Islands, where only nominal damages for breach of contract were awarded. In Trinidad & Tobago, although TSTT acted contrary to honest practices, no loss...

Court Disposition

Claims dismissed except for nominal damages for breach of contract in Turks & Caicos Islands.

Orders

  • All claims by Digicel companies against Cable & Wireless group and TSTT are dismissed except that Digicel (Turks & Caicos) Limited is awarded nominal damages against Cable & Wireless (West Indies) Limited for breach of contract.
  • All other claims for damages, including for conspiracy, breach of statutory duty, and joint tortfeasor liability, are dismissed.