The High Court hearing over whether third-party funding can be used by Persona in its case against the State in relation to the 1995 mobile phone licence competition is scheduled to go ahead next month, the court heard on Wednesday.

Documents and affidavits have been exchanged between both sides, Ms Justice Aileen Donnelly was told, and a date has been set for November 17th.

Persona, the second-ranked bidder in the competition is seeking damages from the State on the basis of the claim Denis O'Brien's Esat Digifone won the licence illegally by way of Mr O'Brien bribing then minister for communications Michael Lowry – which is denied. Persona has entered into an agreement with Harbour Litigation Funding. The High Court has been asked to approve the arrangement.