Jaldhi Mideast DMCC v Al Ghurair Resources LLC & Anor

Jaldhi Mideast DMCC v Al Ghurair Resources LLC & Anor

The court held it was not open to revisit the finding of contempt against Mr Al Ghurair on the present application, as the evidence relied upon was available at the original hearing and the proper route for challenge was by appeal. Mr Al Ghurair had not purged his contempt, as he had not provided asset disclosure or taken sufficient steps to obtain and provide the required information. Accordingly, there was no basis to discharge or reduce the sentence imposed.

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
11 September 2024
Procedural Posture
Contempt Application in Commercial Enforcement Proceedings / Application to Discharge Committal Order and Vary Sentence
Outcome
Application to discharge or reduce committal order refused
Legal Topics
Committal for Contempt, Asset Disclosure, Enforcement of Judgments, Discharge of Committal Orders
Civil Procedure Commercial Law Contempt of Court Committal for Contempt Asset Disclosure Enforcement of Judgments Discharge of Committal Orders

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 in Commercial Enforcement Proceedings / Application to Discharge Committal Order and Vary Sentence

Legal Issues

  1. 1 Whether the court can reopen the finding of contempt against Mr Al Ghurair under CPR 81.10
  2. 2 Whether Mr Al Ghurair has purged his contempt and is entitled to a reduction or discharge of sentence
  3. 3 Whether the evidence and circumstances justify varying or discharging the committal order

Ratio Decidendi

The court held it was not open to revisit the finding of contempt against Mr Al Ghurair on the present application, as the evidence relied upon was available at the original hearing and the proper route for challenge was by appeal. Mr Al Ghurair had not purged his contempt, as he had not provided asset disclosure or taken sufficient steps to obtain and provide the required information. Accordingly, there was no basis to discharge or reduce the sentence imposed.

Court Disposition

Application to discharge or reduce committal order refused

Orders

  • No discharge or reduction of sentence for Mr Al Ghurair; sentence and orders remain in force
  • Any further hearing to be coordinated with related contempt proceedings against other alleged de facto directors