COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION, COMMERCIAL COURT
MR JUSTICE DAVID STEEL
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE SMITH
LORD JUSTICE AIKENS
| (1) CONSOLIDATED CONTRACTORS INTERNATIONAL COMPANY SAL
(2) CONSOLIDATED CONTRACTORS (OIL AND GAS) COMPANY SAL
|Judgment Debtors/ Appellants/
|- and –
||Judgment Creditor/ Respondent
Hearing dates : 12 January 2011
- AND –
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Lord Justice Aikens :
Background to this appeal
"11 As part of this search the enquiry agents searched for documents which had been discarded by [the companies] and which might assist Mr Masri in enforcing the Judgment Debt. In particular, they searched the documents discarded as rubbish on the pavement outside the London offices of [the companies]. I understand where they identified documents which might be relevant they made copies of those documents and returned the originals to the refuse sacks outside [the companies'] offices. The enquiry agents have confirmed to me that they have used these methods of obtaining documents for use in court proceedings on several other occasions before and that their conduct has not been criticised by the court when the means of obtaining the documents have been disclosed. I say this on the basis of information provided to me by the relevant enquiry agents, which I believe to be true.
12. The documents held by my firm have not been used for any purpose other than the ongoing enforcement proceedings between the Judgment Creditors and the Judgment Debtors. "
Permission to appeal to this court.
Issue One: disclosure of the identity of the source of the information in paragraph 11 of the first affidavit of Mr Bartlett
"An affidavit must indicate:
(1) which of the statements in it are made from the deponent's own knowledge and which are matters of information or belief, and
(2) the source for any matters of information or belief".
Issue Two: Disclosure of documents by Mr Masri relating to the activities of the enquiry agents.
"The inference I draw is that the exercise is primarily directed at an unfocussed inquiry into the role of the inquiry agents and the resulting activities of the claimant's solicitors and not to any issue in the application itself. In short the whole purpose from the defendants' point of view seems to boil down to research into the question whether the claimant's solicitors have cherry picked the documents so as to mislead the court. In short it is a fishing expedition into entirely collateral territory."
Issue Three: the discovery and inspection of Exhibit ACB7/44 and Exhibit ACB7/75
Issue Four: disclosure by the receiver
Lady Justice Smith:
The President of The Queen's Bench Division: