Dar Al Arkan Real Estate Development Company and Another v Al-Sayed Bader Hashim Al Refai and Others: ComC 11 Apr 2014

Applications as to management of committal application. Andrew Smith J had ruled in favour of the applicant/defendant that without notice orders made against them should be discharged because the claimants had misled the court and failed to comply with undertakings given to the court in the court’s orders. Once the defendants had obtained this ruling, they applied for an order that the managing director of the first claimant be committed to prison.
Held: Having rejected the managing director’s account of how documents came to be deleted from certain hard drives which were to be preserved and delivered to the claimant’s solicitors as to which no full and honest explanation had been given. He accepted that the views he had formed had been formed on issues (quite possibly on all the issues) likely to be crucial on the committal application and that the evidence on the committal application was likely to be essentially the same as the evidence he had heard on the discharge application. In the light of these considerations he considered the claimants were entitled to have another judge to hear the contempt application.

Andrew Smith J
[2014] EWHC 1055 (Comm)
England and Wales
See AlsoDar Al Arkan Real Estate Development Company v Al Refai and Others ComC 12-Dec-2012
The defendants applied to set aside an earlier order made without notice, saying that the claimants had not make full and frank disclosure and misled the court in their evidence and submissions and had not complied with an associated undertaking to . .
See AlsoDar Al Arkan Real Estate Development Company (C) and Another v Al-Sayed Bader Hashim Al-Refai and Others QBD 20-Dec-2013
The defendants sought an order for the committal of officers of the clamant for having failed to comply with court orders and a preservation undertaking, saying that the claimant had destroyed evidence.
Held: The claimants said that such an . .

Cited by:
Appeal fromDar Al Arkan Real Estate Development Co and Another v Al Refai and Others CA 23-May-2014
The court considered the extra-territorial reach of proceedings for civil contempt against the director of a foreign company which has instituted proceedings in this jurisdiction but has not complied with an order of the court where the director is . .
CitedOtkritie International Investment Management and Others v Urumov CA 14-Oct-2014
The claimants brought proceedings against several defendants. There had been a series of hearings conducted by a single judge leading to findings that several defendants had been involved in a fraud. The defendants sought recusal of that judge . .

Lists of cited by and citing cases may be incomplete.

Contempt of Court, Litigation Practice

Updated: 20 January 2022; Ref: scu.523699