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

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

The Claimants’ conduct, including non-compliance with pre-action protocols, exaggerated and speculative claims, and pursuit of serious allegations without proper foundation, justified an award of indemnity costs to the Defendants in all jurisdictions except Trinidad & Tobago (T&T). In T&T, due to findings of misconduct against the Defendants, only 87.5% of their costs were awarded on the standard basis. The Defendants are entitled to a payment on account of £8 million, interest at 1% over base rate, and the Claimants are granted a 14-day extension for filing purposes.

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
23 April 2010
Procedural Posture
Civil / Post Trial, Costs and Consequential Orders
Outcome
Claims dismissed except for nominal damages; costs awarded as specified.
Legal Topics
Costs, Indemnity Costs, Standard Basis Costs, Practice Direction Compliance, Breach of Contract, Conspiracy, Damages, Interest on Costs, Extension of Time
Civil Procedure Contract Law Competition Law Costs Indemnity Costs Standard Basis Costs Practice Direction Compliance Breach of Contract +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

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 / Post Trial, Costs and Consequential Orders

Legal Issues

  1. 1 Whether costs should be awarded on the indemnity or standard basis
  2. 2 Whether the Claimants' conduct justified indemnity costs
  3. 3 Whether the Defendants are entitled to 100% of their costs or a lesser proportion

Ratio Decidendi

The Claimants’ conduct, including non-compliance with pre-action protocols, exaggerated and speculative claims, and pursuit of serious allegations without proper foundation, justified an award of indemnity costs to the Defendants in all jurisdictions except Trinidad & Tobago (T&T). In T&T, due to findings of misconduct against the Defendants, only 87.5% of their costs were awarded on the standard basis. The Defendants are entitled to a payment on account of £8 million, interest at 1% over base rate, and the Claimants are granted a 14-day extension for filing purposes.

Court Disposition

Claims dismissed except for nominal damages; costs awarded as specified.

Orders

  • Second Defendant to pay Seventh Claimant £2 nominal damages for breach of contract, by way of set off.
  • All other claims by Claimants dismissed.