No upfront payment for firms

Businessman Declan Ganley’s ability to pay the costs of a legal action over the issuing of the State’s second mobile phone licence means two companies associated with him do not need to put up money in advance in case they lose the action, a High Court judge ruled.

Mr Justice Sean Ryan yesterday refused an application by businessman Denis O’Brien requiring the two companies to provide security for costs of the action in which it is claimed the awarding of the licence was unlawful and is void.

Mr Ganley, US-registered Comcast International Holdings, and UK-registered Ganley International, were members of the Cellstar consortium which came last of six bidders in the public competition for the licence which was eventually awarded to Esat Digifone whose chairman was Mr O’Brien.