merrion street

“The Supreme Court this morning announced that it had allowed appeals by two companies against High Court orders striking out their proceedings for damages against the State.

The two companies were part of two separate consortiums that had each applied for the State’s second GSM mobile phone licence, which was awarded to ESAT in October 1995.

The licence award was the subject of inquiry and report by the Tribunal of Inquiry into Payments to Politicians (the Moriarty Tribunal).

The High Court actions were launched by these losing bidders in 2001 and, in 2006, the State applied to have the cases struck out for reasons of inordinate delay.

The High Court ruled in the State’s favour in 2007, dismissing these two cases in their entirety and awarding the State its costs.

The Supreme Court will deliver its reasoned judgments for this morning’s decision at a later date.

It is anticipated that the two actions therefore now revert to the High Court, for trial and decision.

In the interim, the Government must await and then fully consider the judgments of the Supreme Court.

The State will fully defend any claim against the Exchequer and will contest any claim of liability to pay damages from public funds to these plaintiffs.”