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Digicel Denied Permission to Appeal Against Trinidad Dispute

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The English Court of Appeal recently dismissed an application by Digicel for permission to appeal against an April 2010 decision that it could not claim compensation from Trinidad and Tobago based mobile network, TSTT for delays in setting up an interconnection between their two networks.

Digicel has also been directed by the appeal court to pay TSTT's legal costs which are to be assessed at a standard basis.

In the April 2010 ruling, Justice Morgan, dismissed all claims brought by Digicel in a lawsuit against TSTT. Digicel initially sought at least US$50million in damages alone from TSTT for allegedly delaying Digicel's interconnection in Trinidad and Tobago. The April 2010 ruling was based on proceedings filed by Digicel in 2007 against TSTT and several Cable and Wireless companies on matters arising from the liberalization of the telecommunications markets in the Caribbean.

The claim against TSTT was based upon breaches of the Protection Against Unfair Competition Act 1966 (PAUC) and to what extent, if any, this caused a delay in Digicel being able to launch its services in the T&T market.

After reviewing the evidence, Justice Morgan determined that Digicel had not suffered any loss or damage as a result of any action taken by TSTT. Justice Morgan also noted that there was no real or substantial chance that the interconnection dispute between Digicel and TSTT would have been resolved before 31 March 2006.

Following Justice Morgan's ruling, Digicel in May 2010 sought permission to appeal against the court's decision, which has now been denied.

"This effectively brings an end to these legal proceedings in London, and to the largest claim ever made against TSTT in the history of its operations", according to Lisa Agard, TSTT's Vice President Legal and Executive Vice President Mobile.

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Tags: digicel  tstt  Trinidad And Tobago