October 18 2011
START DATE
END DATE
October 18 2011
Telecommunications (Bermuda & West Indies) Ltd. (trading as Digicel) v. Bermuda Digital Communications Limited (trading as CellOne)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda Commercial Court
Commercial Law
Kawaley J
FACTS OF THE CASE:
Plaintiffs seek mandatory injunction for Defendant to establish full interconnection within two days for long distance telephone service Defendant opposes citing potential reputational damage and the 30-day interconnection period not yet elapsed Plaintiffs acted with regulatory consents court emphasizes importance of regulatory authority's position and grants conditional order for interconnection pending potential opposition from Ministers
SUMMARY:
Whether the Defendant is obliged to provide interconnection as sought by Plaintiffs and if regulatory consents for Plaintiffs' service were appropriately granted
OUTCOMES:
Conditional mandatory injunction granted for interconnection pending potential opposition from Ministers
RULED IN FAVOUR OF:
Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Telecommunications (Bermuda & West Indies) Ltd. (trading as Digicel) v. Bermuda Digital Communications Limited (trading as CellOne)
Plaintiffs seek mandatory injunction for Defendant to establish full interconnection within two days for long distance telephone service Defendant opposes citing potential reputational damage and the 30-day interconnection period not yet elapsed Plaintiffs acted with regulatory consents court emphasizes importance of regulatory authority's position and grants conditional order for interconnection pending potential opposition from Ministers