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Jun 20, 2018

BISL Wants Millions in Damages for IMMARBE and IBC Registry

Eamon Courtenay

While he would not disclose the figure that BISL is seeking in damages, Courtenay says that the arguments before the appellate jurisdiction are quite technical and that the case can go either way.

 

Eamon Courtenay, Attorney for BISL

“It was a significant amount.”

 

Reporter

“Several millions?”

 

Eamon Courtenay

“Yeah, in the tens of millions.  Yes.”

 

Reporter

“Do you feel confident in the submissions you’ve made and that they would be enough to sway the judges?”

 

Eamon Courtenay

“I think you know me by now, I don’t come to court for the fun of it.  I come to court to present a case which I believe the arguments are compelling.  I will accept that it is not an easy case and it can go either way.  I think my learned friend Mr. Hawke made very strong arguments on behalf of the government and as you had seen, the president and the other judges asked quite a lot of questions so they are very familiar with it.  But I think on balance, we have presented the case as best as we can for the client and it’s now up to the judges. Our argument and it’s quite technical, but our argument is that provisions of the contract are in compliance of the law and that you can read Section 114 of the constitution as being consistent or the contract being consistent with Section 114 of the constitution.  We put an alternative argument to the court that if it is not consistent then you excise that and the money would go to the Consolidated Revenue Fund and then from there the company would repay its part.  It’s as simple as that.”

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