Shagang Shipping Company Ltd v HNA Group Company Ltd

Shagang Shipping Company Ltd v HNA Group Company Ltd

The trial judge erred in law by failing to ask and answer the correct legal question as to the weight to be accorded to the admissions evidence, and by allowing irrelevant matters, including lingering doubts about torture, to influence his findings on bribery. The judge's approach to the evaluation of the admissions was inadequate, and the matter must be remitted for reconsideration by a different judge, excluding any further consideration of torture.

Parties
Claimant / Respondent: Shagang Shipping Company Limited (In Liquidation); Defendant / Appellant: HNA Group Company Limited
Jurisdiction
England and Wales
Judgment Date
23 July 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; matter remitted for reconsideration by a different judge.
Legal Topics
Bribery, Illegality, Hearsay Evidence, Torture and Admissibility of Confessions, Guarantees, Civil Procedure
Commercial Law Contract Law Evidence Bribery Illegality Hearsay Evidence Torture and Admissibility of Confessions Guarantees +1 more

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Parties

Shagang Shipping Company Limited (In Liquidation)

Claimant / Respondent

HNA Group Company Limited

Defendant / Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the trial judge erred in evaluating the reliability and weight of admissions/confessions allegedly obtained by torture
  2. 2 Whether the judge failed to properly apply the rules of evidence regarding hearsay and torture
  3. 3 Whether the admissions proved bribery and thus rendered the guarantee unenforceable

Ratio Decidendi

The trial judge erred in law by failing to ask and answer the correct legal question as to the weight to be accorded to the admissions evidence, and by allowing irrelevant matters, including lingering doubts about torture, to influence his findings on bribery. The judge's approach to the evaluation of the admissions was inadequate, and the matter must be remitted for reconsideration by a different judge, excluding any further consideration of torture.

Court Disposition

Appeal allowed; matter remitted for reconsideration by a different judge.

Orders

  • The appeal is allowed.
  • The issue of the weight to be attached to the admissions and the issue of bribery are remitted to a different Commercial Court judge for reconsideration.