BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
BUSINESS LIST (Ch)
ON REMITTAL FROM THE COURT OF APPEAL – [2021] EWCA CIV 349 (LEWISON, ASPLIN AND MALES LJJ)
Fetter Lane, London, EC4A 1NL |
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B e f o r e :
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Ras Al Khaimah Investment Authority |
Claimant |
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- and - |
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Farhad Azima |
Defendant |
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-and – |
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(2) David Neil Gerrard (3) Dechert LLP (4) James Edward Denniston Buchanan |
Additional Defendants to Counterclaim |
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Fionn Pilbrow KC and Aarushi Sahore (instructed by Charles Fussell & Co LLP) for the Second Additional Defendant to the Counterclaim
Roger Masefield KC and Craig Morrison (instructed by Enyo Law LLP) for the Third Additional Defendant to the Counterclaim
Ben Silverstone (instructed by Kingsley Napley LLP) for the Fourth Additional Defendant to the Counterclaim
Hearing dates: 22nd November 2022
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Crown Copyright ©
Mr Justice Michael Green
Tuesday, 22 November 2022
(15:44 pm)
Judgment by MR JUSTICE MICHAEL GREEN
(1) First of all, that I lacked jurisdiction to enlarge the proceedings that had been remitted by the Court of Appeal and I was wrong to have concluded that I had jurisdiction to include the claim to set aside the Deputy Judge's judgment for fraud. That is the "jurisdiction issue".
(2) Second, that, even if I have jurisdiction, that I was wrong to conclude that the proposed additional counterclaim did not constitute an abuse of process. That is the "abuse of process issue".
Jurisdiction Issue
Abuse of Process Issue