4/5/2012
START DATE
END DATE
14-Aug-12
Telecommunications (West Indies) Ltd., Michael Markham
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Administrative Law, Planning & Development, Telecommunications
Hon. Chief Justice Ian Kawaley
Nathaniel A. Turner Attride-Stirling & Woloniecki
Saul Froomkin QC Isis Law
FACTS OF THE CASE:
The Appellants (Telecommunications West Indies Ltd. t/a Digicel Bermuda and Michael Markham) challenged a Ministerial decision dated March 15, 2012, which upheld a Development Applications Board ruling rejecting their planning application for a telecommunications site. The Appellants argued that the Minister failed to consider fresh submissions, violating procedural fairness. The Minister contended that the decision was made in accordance with zoning laws and regulatory authority.
SUMMARY:
Clarifies procedural fairness requirements for Ministerial planning decisions and the need to consider fresh submissions when circumstances change.
OUTCOMES:
Appeal allowed case remitted to Minister for rehearing
RULED IN FAVOUR OF:
Telecommunications (West Indies) Ltd. (Plaintiff).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
Join our pro membership and get all the details at your finger tips
Want to see full case details, including key arguments and claims? [Join Pro Membership] to unlock exclusive insights.
Discover the legal strategies and defenses used in this case. [Join Pro Membership] for full access.
How long did this legal battle last, and what key events happened? [Join Pro Membership] to find out.
Uncover the critical legal principles debated in this case. [Join Pro Membership] for in-depth analysis.
See why this case matters in Banking, Mortgages, and Financial Services. [Join Pro Membership] to explore its impact.
Find out the final judgment and its legal implications. [Join Pro Membership] to access the ruling.
Understand how this judicial ruling sets a precedent in law. [Join Pro Membership] for expert breakdowns.
See how past legal precedents influenced this case. [Join Pro Membership] to unlock the list.
Download Case Summary:
Explore:
EPHESIANS 6:16
PT Satria Tirtatama Energindo v. East Asia Company Limited and Bali Energy Limited
2016
RE: C (VARIATION OF ACCESS ORDER)
2015
In the Matter of IPOC Capital Partners Limited and others
2007
Hindsight law can make mistakes. Consider checking original case studies
Telecommunications (West Indies) Ltd., Michael Markham
The Appellants (Telecommunications West Indies Ltd. t/a Digicel Bermuda and Michael Markham) challenged a Ministerial decision dated March 15, 2012, which upheld a Development Applications Board ruling rejecting their planning application for a telecommunications site. The Appellants argued that the Minister failed to consider fresh submissions, violating procedural fairness. The Minister contended that the decision was made in accordance with zoning laws and regulatory authority.