Verticast Media Group Ltd (Appellant) v Digicel (Jamaica) Limited and other (Respondents) (Jamaica)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0058

Jurisdiction

Jamaica

Parties

Appellant(s)

VERICAST MEDIA GROUP LIMITED

Respondent(s)

DIGICEL JAMAICA LIMITED

Issue

Did the Court of Appeal err in holding that illiquid shares could not be used as security for costs in lieu of a cash sum?

Facts

Verticast Media Group Limited (“Verticast”) is a media company incorporated in St Lucia and operating in the Caribbean. Digicel (Jamaica) Limited (“Digicel”), Colombus Communications (“Colombus”), and Cable and Wireless Jamaica Limited (“Cable & Wireless”) are telecommunications and cable television operators in Jamaica. Verticast commenced proceedings against Digicel, Colombus, and Cable & Wireless alleging breaches of the Fair Competition Act 1993, specifically abuse of dominance, refusal to deal and contrastive refusal to deal, and anti-competitive conduct relating to the respondents’ alleged refusal to provide access to their infrastructure. Digicel applied for security for costs. Verticast opposed the application, offering as alternative security its shares in CVM Television, valued at US$18 million. Verticast also argued that any costs order could be enforced in St Lucia under reciprocal enforcement legislation. On 21 November 2025, Ms Justice A. Jarrett ordered Verticast ordered to provide security for costs. The judge rejected the CVM Television shares as security on the basis that they were illiquid. Verticast indicated that it could not immediately pay the cash sum. The judge struck out the entire claim, including against Colombus and Cable & Wireless who had not applied for security. Verticast applied for leave to appeal. On 23 April 2026, the Court of Appeal refused leave to appeal the security for costs order against Digicel, but granted leave to appeal the scope of the strike out order against Colombus and Cable & Wireless. Verticast now appeals the security for costs order against Digicel to His Majesty in Council.