Businessman Denis O’Brien is to seek to have all plaintiffs bar Declan Ganley removed from a case being taken in relation to the 1995 mobile phone licence competition.

An application to this effect is scheduled to come before the High Court on February 14th next, according to documents filed with the Courts Service.

The case, if it goes ahead, would be likely to involve very substantial legal costs, which could fall to Mr Ganley if his claims are unsuccessful. Mr Ganley was associated with the Cellstar bid for the licence, which was ranked last in the assessment drafted by the people who judged the competition.

In 2001 a case against the State, Esat Communications Ltd, Mr O’Brien and Michael Lowry was initiated by plaintiffs Comcast International Holdings, Mr Ganley, Ganley International and GCI (a Ganley company since dissolved).

The case did not proceed and at one stage the State applied successfully to the High Court to have it and a second case, the Persona claim, thrown out. That decision was reversed this year by the Supreme Court.

Papers served

Mr O’Brien has now served papers on Mr Ganley stating that he wishes to reactivate a motion adjourned in 2006 when the State sought to stop the claims on the basis of delay.

At the time of the initial motion, Mr Ganley’s solicitors indicated they did not have a difficulty with the other plaintiffs being removed. Mr O’Brien, Mr Ganley and former minister for communications Mr Lowry have welcomed the Supreme Court decision. Mr O’Brien and Mr Lowry have said they do not believe the accusations being relied on will be upheld in a court.

On February 11th another case involving the competition, brought by people associated with the Persona bid, will come before the court.