Daltel Europe Ltd. & Ors v Makki & Ors [2006] EWCA Civ 94 (28 February 2006)

Daltel Europe Ltd. & Ors v Makki & Ors [2006] EWCA Civ 94 (28 February 2006)

Committal proceedings for contempt in the context of civil litigation are civil proceedings for the purposes of the Civil Evidence Act 1995, so hearsay evidence is admissible, and the judge was entitled to rely on such evidence in finding Mr Makki guilty of contempt. The findings of contempt, sentences, and costs orders were justified on the evidence and law. The summary judgment order was properly made.

Citation
[2006] EWCA Civ 94
Parties
Claimant / Respondent: Daltel Europe Limited (in liquidation); Claimant / Respondent: James Earp, Robert Harry Pick and Nicholas Stewart Wood (the liquidators of Daltel Europe Ltd); Claimant / Respondent: Pacifica Limited (in liquidation); Claimant / Respondent: James Earp, Robert Harry Pick and Nicholas Stewart Wood (the liquidators of Pacifica Ltd); Claimant / Respondent: Globenet (UK) Limited (in liquidation); Claimant / Respondent: James Earp, Robert Harry Pick and Nicholas Stewart Wood (the liquidators of Globenet (UK) Ltd); First Defendant / Appellant: Hassan Ali Makki; Second Defendant: Weybridge Management LLC; Third Defendant: Daltel USA LLC
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division) Regarding Committal for Contempt, Costs, and Summary Judgment
Outcome
Appeal dismissed (except for extension of time); findings of contempt, sentences, and costs orders upheld; permission to amend grounds of appeal and adduce further evidence refused; permission to appeal summary judgment refused.
Legal Topics
Committal for Contempt, Freezing Orders, Search Orders, Hearsay Evidence, Article 6 ECHR, Director's Duties, Summary Judgment, Costs
Insolvency Company Law Civil Procedure Contempt of Court Committal for Contempt Freezing Orders Search Orders Hearsay Evidence +4 more

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Parties

Daltel Europe Limited (in liquidation)

Claimant / Respondent

James Earp, Robert Harry Pick and Nicholas Stewart Wood (the liquidators of Daltel Europe Ltd)

Claimant / Respondent

Pacifica Limited (in liquidation)

Claimant / Respondent

James Earp, Robert Harry Pick and Nicholas Stewart Wood (the liquidators of Pacifica Ltd)

Claimant / Respondent

Globenet (UK) Limited (in liquidation)

Claimant / Respondent

James Earp, Robert Harry Pick and Nicholas Stewart Wood (the liquidators of Globenet (UK) Ltd)

Claimant / Respondent

Hassan Ali Makki

First Defendant / Appellant

Weybridge Management LLC

Second Defendant

Daltel USA LLC

Third Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division) Regarding Committal for Contempt, Costs, and Summary Judgment

Legal Issues

  1. 1 Whether committal proceedings for contempt are civil or criminal for the purposes of hearsay evidence admissibility
  2. 2 Whether the judge erred in admitting and relying on hearsay evidence in contempt proceedings
  3. 3 Whether the findings of contempt against Mr Makki were justified on the evidence

Ratio Decidendi

Committal proceedings for contempt in the context of civil litigation are civil proceedings for the purposes of the Civil Evidence Act 1995, so hearsay evidence is admissible, and the judge was entitled to rely on such evidence in finding Mr Makki guilty of contempt. The findings of contempt, sentences, and costs orders were justified on the evidence and law. The summary judgment order was properly made.

Court Disposition

Appeal dismissed (except for extension of time); findings of contempt, sentences, and costs orders upheld; permission to amend grounds of appeal and adduce further evidence refused; permission to appeal summary judgment refused.

Orders

  • Mr Makki's appeal against committal orders dismissed
  • Sentences of committal for contempt upheld