Digicel case against LIME thrown out

The Contempt proceedings brought by Digicel against LIME’s Country Manager, Geoff Houston and Executive Vice President, Carrier Services, Lawrence McNaughton and LIME were thrown out on 9 June by the Hon. Mr. Justice Glen Brown.

Justice Brown dismissed Digicel’s application and ordered Digicel to pay all of the legal costs incurred by LIME as a result of Digicel’s application.

Digicel’s contempt proceedings came in response to legal action taken by LIME earlier this year when Digicel blocked LIME’s international call circuits. LIME brought a suit against Digicel for damages and breaches of the Interconnection Agreement between the two companies and the Fair Competition Act. As part of its case for an injunction LIME obtained an affidavit from Claro which led to Digicel filing a new action seeking an ex parte injunction against Claro (but which also named LIME in the Order) to prevent the use of the information in the Claro Affidavit.

Following the grant of the Claro injunction, because of an Affidavit by LIME prepared before the injunction was sought, Digicel then proceeded to bring contempt action against Mr. Houston and Mr. McNaughton charging them with breaching the Claro injunction.

However after hearing submissions from LIME and Digicel, Justice Brown immediately dismissed Digicel’s application and ordered costs for LIME.

Expressing satisfaction with the decision, LIME’s country manager Geoff Houston said, ‘I am extremely pleased that the Court has ruled in LIME’s favour. The contempt action was a wholly unmeritorious ploy by Digicel to bully LIME and as I have said before we will not be cowed or silenced. We fully intend to press ahead with all the legal actions we currently have pending against Digicel.’

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