Courts / Ireland / Report
Mobile license bidder cannot proceed with case against State, Denis O'Brien & Michael Lowry
Summary
A High Court judge refused to allow an English company to fund a legal action against the State, Denis O'Brien and former minister Michael Lowry. The decision was based on the 1634 law of champerty, which makes third‑party funding of legal cases illegal in Ireland. James Boyle of Persona Digital Telephony, who sought to sue after his company lost a mobile licence to Esat Digifone, said he could not raise the €10 million required for the litigation and would therefore drop the case. Justice Aileen Donnelly noted that the plaintiff's claim that the case was of "great public importance" did not override the ancient law, and she rejected the funding arrangement, stating that third‑party funding remains a civil wrong and a criminal offence in Ireland. The case will not proceed.
Who, what, where, when and why
What: Report matter: Mobile license bidder cannot proceed with case against State, Denis O'Brien & Michael Lowry. Procedural stage: hearing_or_decision
When:
- 2016-04-20 Publication
Case subjects
Applicant
Places mentioned
- High Court
Topics
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