Daniella Gentles-Silvera led the Lival team in successfully representing the Office of Utilities Regulation in the recent matter of Symbiote Investments Limited v. The Spectrum Management Authority and The Office of Utilities Regulation and the Minister of Science, Energy and Technology; widely referred to as the Caricel Case. The Applicant, Symbiote, sought leave to apply for judicial review of the decisions of the telecommunications regulators, the Spectrum Management Authority and the Office of Utilities Regulation, to carry out investigations into the operations of Symbiote. The Hon. Mr Justice Pusey accepted all arguments made by the Lival team on behalf of the OUR, and refused leave on the basis that Symbiote’s application had no realistic prospect of success. The matter holds wide national and international interest as it concerns the grant of a third telecommunications licence to Symbiote in Jamaica’s highly competitive telecommunications industry. It has become controversial and has generated significant discourse in the areas of competition, privacy and national security. The Spectrum Management Authority and the Minister of Science, Energy and Technology were represented by the Attorney General.
Mrs. Gentles-Silvera was assisted in this matter by Adam Jones and Kathryn Williams. The full decision of the Court can be found here.