Digicel loses lawsuit against TSTT

[RauCous]

Digicel loses lawsuit against TSTT
By Onika James Thursday, April 22 2010

Telecom giant, Digicel, lost a US $50 million law suit against TSTT.

Digicel sought the damages from TSTT which it claimed delayed its interconnection, in Trinidad and Tobago. The claim was filed in 2007.

Chancery Court judge in England, Justice Morgan dismissed the case after hearing evidence from several witnesses, and reviewing thousands of pages of documents.

The judge determined that there were only two specific instances in which TSTT’s actions were in breach of the Protection Against Unfair Competition Act 1966 (PAUC).

TSTT was under a statutory duty to facilitate interconnection process with any network provider, and to act in a non-discriminatory manner.

It was alleged that notwithstanding this obligation, TSTT deliberately impeded, and delayed Digicel’s launch of competing networks in Trinidad and Tobago. It was initially alleged that this was orchestrated by Cable and Wireless.

Digicel alleged that these acts delayed Digicel’s entry into the Trinidad and Tobago market from December 30, 2005, to April 6, 2006.

TSTT said Digicel amended its claim in several material respects on a number of occasions during the course of the trial. The company added that, by the end of the trial, many of Digicel’s points against TSTT had been abandoned, so much so, that their modified claims had little or no correlation to their originally pleaded case.

However, in light of the judgment, Digicel signalled that it is “currently considering its legal options.”

In a written response, Digicel’s management said it was “extremely disappointed” with the decision of the London Court, as Justice Morgan variously described senior executives of TSTT and its contractors, Nortel, as acting “contrary to honest practices.”

Digicel said Justice Morgan found TSTT “deliberately gave false or misleading evidence at the trial.”

In a statement, Digicel added that “whilst Justice Morgan has ruled against Digicel on various points of law related to this court action, the outcome should be attributed to the weak regulatory frameworks in place in these Caribbean jurisdictions. Indeed the Judge himself described the legislation as being poorly drafted.”

According to TSTT’s Vice President Legal and Executive Vice President Mobile Services Lisa Agard, Digicel’s legal claim was the largest ever made against TSTT in its entire history.

Costumers should get some of that 50 MILLION :Yea:

 

[LadyDeath]

Hmph i really didn't follow up why they suing Digicel but all i know is that i hope that justice was giving to them fair

 

[TFM]

Haha, I agree. Gimme a free top up for my loyal service!

 

[LadyDeath]

But they did say that tstt really delayed them..

 

[Wyspa]

I think that TSTT did in fact delay them...deliberately!!! In order to get their house in order...