BRITISH VIRGIN ISLANDS
JUDICIAL REVIEW – THE TELECOMMUNICATION ACT, 2006 – RULES 56.13 AND 65.6 OF THE EASTERN CARIBBEAN SUPREME COURT RULES CONSTRUED
The Claimant, Digicel (BVI) Ltd (“Digicel”) issued a claim for judicial review of a decision made by the Telecommunications Regulatory Commission. The Commission found that Digicel was in breach of Section 75(1)(a)(iii) of the Telecommunications Act, 2006 (anti-competitive effect contrary to public interest) and imposed a fine of US$314,250. Digicel’s complaints against the Commission were that the decision was (i) ultra vires; (ii) an abuse of power; (iii) unreasonable; (iv) procedurally unfair; and, (v) the fine disproportionate. Digicel successfully argued grounds (iv) and (v) and an order was made quashing the Commission’s decision, and for repayment of the fine with costs. The decision is relevant for its guidance on costs.