Masri v Consolidated Contractors International Company Sal

Masri v Consolidated Contractors International Company Sal

Committal proceedings are civil in nature; broad disclosure obligations akin to criminal trials do not apply; evidence obtained by inquiry agents is admissible; requests for disclosure and identification of sources are disproportionate and unnecessary; cross-examination should be limited to factual issues relevant to committal.

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 / Pre Committal Application, Interlocutory
Outcome
Applications for general disclosure, disclosure of retained documents, and identification of sources refused; application to cross-examine claimant's witnesses granted; other applications deferred to substantive hearing.
Legal Topics
Committal Proceedings, Disclosure, Case Management, Civil Contempt, Privilege, Hearsay Evidence
Civil Procedure Enforcement of Judgments Contempt of Court Committal Proceedings Disclosure Case Management Civil Contempt Privilege +1 more

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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 / Pre Committal Application, Interlocutory

Legal Issues

  1. 1 Nature of committal proceedings: civil or criminal
  2. 2 Disclosure obligations in committal applications
  3. 3 Admissibility of evidence obtained by inquiry agents

Ratio Decidendi

Committal proceedings are civil in nature; broad disclosure obligations akin to criminal trials do not apply; evidence obtained by inquiry agents is admissible; requests for disclosure and identification of sources are disproportionate and unnecessary; cross-examination should be limited to factual issues relevant to committal.

Court Disposition

Applications for general disclosure, disclosure of retained documents, and identification of sources refused; application to cross-examine claimant's witnesses granted; other applications deferred to substantive hearing.

Orders

  • Applications 1, 2, 3, 5, 6 for disclosure and identification of sources refused.
  • Application 4 for cross-examination of Ms. Abbas and Mr. Bartlett granted.