Masri v Consolidated Contractors International Company Sal [2010] EWHC 2640 (Comm) (21 October 2010)

Masri v Consolidated Contractors International Company Sal [2010] EWHC 2640 (Comm) (21 October 2010)

Committal proceedings are civil in nature and not subject to the full disclosure obligations of criminal trials. Disclosure is discretionary and only ordered if necessary for fair disposal. Evidence obtained by inquiry agents from discarded documents is not excluded absent clear illegality or impropriety. The sources of information in affidavits have been sufficiently indicated; further identification is unnecessary. Applications for broad disclosure and to strike out evidence are refused.

Citation
[2010] EWHC 2640 (Comm)
Parties
Applicant/judgment Creditor: Munib Masri; First Respondent/judgment Debtor: Consolidated Contractors International Company SAL; Second Respondent/judgment Debtor: Consolidated Contractors (Oil and Gas) Company SAL; Third Respondent: Wael S. Khoury
Jurisdiction
England and Wales
Judgment Date
21 October 2010
Procedural Posture
Case Management Conference in Committal Proceedings (commercial Court) / Pre Committal Application; Case Management Conference
Outcome
Applications for general disclosure, further identification of sources, and exclusion of evidence refused; directions for further case management to be discussed; certain applications (abuse of process, non-justiciability) to be determined at substantive hearing.
Legal Topics
Committal for Contempt, Disclosure Obligations, Case Management, Enforcement of Foreign Judgments, Privilege and Admissibility of Evidence
Civil Procedure Commercial Law Enforcement of Judgments Committal for Contempt Disclosure Obligations Case Management Enforcement of Foreign Judgments Privilege and Admissibility of Evidence

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Parties

Munib Masri

Applicant/judgment Creditor

Consolidated Contractors International Company SAL

First Respondent/judgment Debtor

Consolidated Contractors (Oil and Gas) Company SAL

Second Respondent/judgment Debtor

Wael S. Khoury

Third Respondent

Procedural Posture

Case Management Conference in Committal Proceedings (commercial Court) / Pre Committal Application; Case Management Conference

Legal Issues

  1. 1 Whether committal proceedings are civil or criminal in nature
  2. 2 Whether general disclosure obligations apply in committal proceedings
  3. 3 Admissibility of evidence obtained by inquiry agents

Ratio Decidendi

Committal proceedings are civil in nature and not subject to the full disclosure obligations of criminal trials. Disclosure is discretionary and only ordered if necessary for fair disposal. Evidence obtained by inquiry agents from discarded documents is not excluded absent clear illegality or impropriety. The sources of information in affidavits have been sufficiently indicated; further identification is unnecessary. Applications for broad disclosure and to strike out evidence are refused.

Court Disposition

Applications for general disclosure, further identification of sources, and exclusion of evidence refused; directions for further case management to be discussed; certain applications (abuse of process, non-justiciability) to be determined at substantive hearing.

Orders

  • Application for general disclosure refused.
  • Application for disclosure of retained documents refused.