Jaldhi Mideast DMCC v Al Ghurair Resources LLC [2023] EWHC 1889 (Comm) (21 July 2023)

Jaldhi Mideast DMCC v Al Ghurair Resources LLC [2023] EWHC 1889 (Comm) (21 July 2023)

The court held that it was not open to reopen the finding of contempt on a discharge application where the evidence relied on could have been presented at the original hearing; Mr Al Ghurair had not purged his contempt as he had not provided asset disclosure or taken sufficient steps to comply, and thus was not entitled to a reduction or discharge of his sentence.

Citation
[2023] EWHC 1889 (Comm)
Parties
Claimant / Respondent: JALDHI MIDEAST DMCC; First Defendant: AL GHURAIR RESOURCES LLC; Second Defendant / Applicant: ESSA ABDULLAH AHMAD AL GHURAIR
Jurisdiction
England and Wales
Judgment Date
21 July 2023
Procedural Posture
Contempt Application and Application to Discharge Committal Order / Judgment on Application to Discharge Committal Order and to Purge Contempt
Outcome
Application to discharge committal order and/or reduce sentence refused; contempt not purged.
Legal Topics
Committal for Contempt, Asset Disclosure, Enforcement of Judgments, Directors' Duties, Purging Contempt
Civil Procedure Commercial Law Contempt of Court Committal for Contempt Asset Disclosure Enforcement of Judgments Directors' Duties Purging Contempt

Case Brief

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Parties

JALDHI MIDEAST DMCC

Claimant / Respondent

AL GHURAIR RESOURCES LLC

First Defendant

ESSA ABDULLAH AHMAD AL GHURAIR

Second Defendant / Applicant

Procedural Posture

Contempt Application and Application to Discharge Committal Order / Judgment on Application to Discharge Committal Order and to Purge Contempt

Legal Issues

  1. 1 Whether the court can reopen the finding of contempt against Mr Al Ghurair on a discharge application under CPR 81.10
  2. 2 Whether Mr Al Ghurair has purged his contempt and is entitled to a reduction or discharge of his sentence
  3. 3 Whether Mr Al Ghurair had the authority and ability to comply with the asset disclosure order

Ratio Decidendi

The court held that it was not open to reopen the finding of contempt on a discharge application where the evidence relied on could have been presented at the original hearing; Mr Al Ghurair had not purged his contempt as he had not provided asset disclosure or taken sufficient steps to comply, and thus was not entitled to a reduction or discharge of his sentence.

Court Disposition

Application to discharge committal order and/or reduce sentence refused; contempt not purged.

Orders

  • No discharge or reduction of sentence for Mr Al Ghurair.
  • Further hearing to be coordinated with contempt proceedings against other alleged de facto directors.