FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
18 January 2005
Commission File Number 000-02404
BALTIMORE TECHNOLOGIES PLC
(Registrant's name)
Baltimore Technologies plc, Innovation House, Mark Road
Hemel Hempstead, Herts, HP2 7DN, United Kingdom
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports
under cover Form 20-F or 40-F.
Form 20-F _____X_____ Form 40-F _________
Indicate by check mark if the registrant is submitting the Form 6-K in paper
as permitted by Regulation S-T Rule 101(b)(1): _____
Indicate by check mark if the registrant is submitting the Form 6-K in paper
as permitted by Regulation S-T Rule 101(b)(7): _____
Indicate by check mark whether the registrant by furnishing the information
contained in this Form is also thereby furnishing the information to the
Commission pursuant to Rule 12g3(b) under the Securities Act of 1934.
Yes _________ No _____X_____
If "Yes" is marked, indicate below the file number assigned to the registrant
in connection with rule 12g3-2(b).
EXHIBIT INDEX
Press Release regarding earthport update dated 18 January 2005
18 January 2005
BALTIMORE TECHNOLOGIES PLC
(Ticker: Reuters BLM.L or Bloomberg: BLM LN)
("Baltimore" or "the Company")
earthport update
Update regarding earthport litigation
earthport plc ("earthport") has failed to comply with a High Court Order dated
21 December 2004, to which it consented, to pay Baltimore agreed costs of GBP750
by 14 January 2005. earthport has also failed to provide further information
about its claim by 14 January 2005, as required under the High Court Order of 21
December 2004.
Since earthport is in breach of the High Court Order, Baltimore applied
yesterday to the High Court for a further order that, unless earthport provides
to Baltimore further information about its claim by 28 January 2005 and pays
GBP750 costs plus interest within 24 hours, earthport's claim will be struck
out.
Herbert Smith continues to consider that, on current information, the claim
against Baltimore is without merit. Furthermore, if costs and interest (if
awarded) remain unpaid, the Company expects to apply for a winding up order.
Update regarding possible offer for Baltimore, by earthport
Baltimore notes that no offer for the Company has yet been made by earthport,
despite its announcement made on 20 December 2004 which stated "earthport
confirms that it is considering a possible offer for Baltimore. earthport
intends to approach the board of Baltimore in the next few days with its
proposal and to seek a recommendation..."
Baltimore also notes that earthport's accounts for year ended 30 June 2004
announced on 31 December 2004 were qualified and indicate a negative net worth
in excess of GBP6 million, and an immediate need for GBP1.378 million to meet
creditors' demands.
In the RNS release of its final results for the period ended 30 June 2004, dated
31 December 2004, earthport announced that "The company has an immediate
requirement to raise further funds" and "The company has also entered into an
investment agreement, subject to the completion of due diligence and agreement
of final terms by 10 January 2005, for the investment of up to GBP2.4m in three
monthly tranches of up to GBP0.8 million, through the issue of convertible loan
notes by March 2005". Baltimore notes that earthport has not made any further
announcement to date about the financial position and potential fundraising.
---ENDS---
Enquiries:
Bishopsgate Communications Ltd. Tel: 020 7430 1600
Maxine Barnes
Dominic Barretto
Email: maxine@bishopsgatecommunications.com
Shore Capital and Corporate Ltd. Tel: 020 7408 4090
Alex Borrelli
Simon Edwards
Notes to editors:
Shore Capital and Corporate Limited, which is authorised and regulated by the
Financial Services Authority in respect of regulated activities, is acting
exclusively for Baltimore Technologies plc and no one else in connection with
the potential offer from earthport plc (the "Potential Offer") and will not
regard any other person as its client or be responsible to anyone other than
Baltimore Technologies plc for providing the protections afforded to clients of
Shore Capital and Corporate Limited nor for giving advice to any such person in
relation to the Potential Offer.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
Baltimore Technologies plc
By: /s/Tim Lovell
Name: Tim Lovell
Title: Finance Director
Date: 18 January 2005