4/16/2012
START DATE
END DATE
1-Aug-12
Telecommunications (Bermuda & West Indies) Ltd. and Transact Limited v. Minister of the Environment Planning and Infrastructure Strategy and Ministry of the Environment Planning and Infrastructure Strategy
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda Commercial Court
Commercial Law Judicial Review
Ian RC Kawaley CJ
Mr. Victor Lyon QC, Mr. Nathaniel Turner (Attride-Stirling & Woloniecki)
Mr. Saul Froomkin QC (Isis Law), Ms. Venous Memari (Christopher E. Swan & Co.)
FACTS OF THE CASE:
The Applicants (Telecommunications Bermuda & West Indies Ltd. t/a Digicel and Transact Ltd.) challenged a decision by the Minister of the Environment, Planning, and Infrastructure Strategy, which they claimed breached their legitimate expectation regarding interconnection and the regulation of their license. They sought judicial review to set aside the Minister?s decision and an injunction to prevent regulatory enforcement based on that decision. The Respondents argued that the decision was a necessary regulatory measure under the Telecommunications Act.
SUMMARY:
(1) Did the Minister?s decision breach the Applicants' legitimate expectation? (2) Was judicial review the appropriate remedy? (3) Did the Minister exceed his regulatory powers?
OUTCOMES:
Leave to seek judicial review was set aside; Applicants ordered to pursue alternative remedies.
RULED IN FAVOUR OF:
Minister of the Environment (Defendant).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Telecommunications (Bermuda & West Indies) Ltd. and Transact Limited v. Minister of the Environment Planning and Infrastructure Strategy and Ministry of the Environment Planning and Infrastructure Strategy
The Applicants (Telecommunications Bermuda & West Indies Ltd. t/a Digicel and Transact Ltd.) challenged a decision by the Minister of the Environment, Planning, and Infrastructure Strategy, which they claimed breached their legitimate expectation regarding interconnection and the regulation of their license. They sought judicial review to set aside the Minister?s decision and an injunction to prevent regulatory enforcement based on that decision. The Respondents argued that the decision was a necessary regulatory measure under the Telecommunications Act.