The Arab Monetary Fund v Hashim & Ors [1997] EWCA Civ 1298 (21 March 1997)

The Arab Monetary Fund v Hashim & Ors [1997] EWCA Civ 1298 (21 March 1997)

Dr Hashim was debarred from pursuing his appeal due to persistent, unpurged contempt that impeded justice and denied the AMF the fruits of judgment. Mrs Hashim, though a contemnor, was not debarred as her contempt was limited and she had arguable grounds of appeal. The appeals of Jafar and Omar regarding Canadian properties were not struck out as the court was not powerless to grant relief and the issues were not plainly academic. Security for costs was ordered against Mrs Hashim, Jafar and Omar due to special circumstances (residence abroad, risk of unenforceability, and evidence suggesting access to resources), even though Mrs Hashim and Omar were legally aided. Taxation of costs was...

Citation
[1997] EWCA Civ 1298
Parties
Plaintiff/applicant: The Arab Monetary Fund; Defendant/respondent (first Respondent): Jawad Mahmoud Hashim; Defendant/respondent (second Respondent): Salwa Al Rufaiee (Mrs Hashim); Defendant/respondent: J O J Anstalt; Defendant/respondent: Rutland Holdings Limited; Defendant/respondent: First National Bank of Chicago; Defendant/respondent: First National Bank of Chicago (C. I. Limited); Defendant/respondent: First Chicago Trust Co (Cayman) Ltd; Defendant/respondent: First Chicago International; Defendant/respondent: Fragol SA; Defendant/respondent (tenth Respondent): Jafar Jawad Hashim; Defendant/respondent (eleventh Respondent): Omar Hashim; Defendant/respondent: Mohammed Mahdi Saleh Bahiraluloom; Defendant/respondent: Oakwood Investment Company Limited; Defendant/respondent: Jamma International SA; Defendant/respondent: Alia Al Wahab; Defendant/respondent: Ever Grand SA; Defendant/respondent: Elger Realty Holding Corporation NV; Defendant/respondent: Lappans Realty Holding Corporation NV; Defendant/respondent: Jalal Ohan Stephan; Defendant/respondent: Samir Fadil Awn
Jurisdiction
England and Wales
Judgment Date
21 March 1997
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Multiple Applications Following High Court Trial
Outcome
Mixed: Dr Hashim's appeal struck out; Mrs Hashim's debarment application refused; Jafar and Omar's strike-out applications refused; security for costs ordered against Mrs Hashim, Jafar and Omar; stay of taxation of costs granted.
Legal Topics
Contempt of Court, Security for Costs, Constructive Trusts, Enforcement of Foreign Judgments, Costs Orders, Mareva Injunctions
Civil Procedure Trusts and Equity Bankruptcy and Insolvency International Law Contempt of Court Security for Costs Constructive Trusts Enforcement of Foreign Judgments +2 more

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Parties

The Arab Monetary Fund

Plaintiff/applicant

Jawad Mahmoud Hashim

Defendant/respondent (first Respondent)

Salwa Al Rufaiee (Mrs Hashim)

Defendant/respondent (second Respondent)

J O J Anstalt

Defendant/respondent

Rutland Holdings Limited

Defendant/respondent

First National Bank of Chicago

Defendant/respondent

First National Bank of Chicago (C. I. Limited)

Defendant/respondent

First Chicago Trust Co (Cayman) Ltd

Defendant/respondent

First Chicago International

Defendant/respondent

Fragol SA

Defendant/respondent

Jafar Jawad Hashim

Defendant/respondent (tenth Respondent)

Omar Hashim

Defendant/respondent (eleventh Respondent)

Mohammed Mahdi Saleh Bahiraluloom

Defendant/respondent

Oakwood Investment Company Limited

Defendant/respondent

Jamma International SA

Defendant/respondent

Alia Al Wahab

Defendant/respondent

Ever Grand SA

Defendant/respondent

Elger Realty Holding Corporation NV

Defendant/respondent

Lappans Realty Holding Corporation NV

Defendant/respondent

Jalal Ohan Stephan

Defendant/respondent

Samir Fadil Awn

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Multiple Applications Following High Court Trial

Legal Issues

  1. 1 Whether contemnors (Dr Hashim and Mrs Hashim) should be debarred from pursuing appeals due to unpurged contempt
  2. 2 Whether appeals by Jafar and Omar Hashim regarding Canadian properties should be struck out as academic or abusive
  3. 3 Whether security for costs should be ordered against Mrs Hashim, Jafar and Omar Hashim, including legally-aided appellants

Ratio Decidendi

Dr Hashim was debarred from pursuing his appeal due to persistent, unpurged contempt that impeded justice and denied the AMF the fruits of judgment. Mrs Hashim, though a contemnor, was not debarred as her contempt was limited and she had arguable grounds of appeal. The appeals of Jafar and Omar regarding Canadian properties were not struck out as the court was not powerless to grant relief and the issues were not plainly academic. Security for costs was ordered against Mrs Hashim, Jafar and Omar due to special circumstances (residence abroad, risk of unenforceability, and evidence suggesting access to resources), even though Mrs Hashim and Omar were legally aided. Taxation of costs was...

Court Disposition

Mixed: Dr Hashim's appeal struck out; Mrs Hashim's debarment application refused; Jafar and Omar's strike-out applications refused; security for costs ordered against Mrs Hashim, Jafar and Omar; stay of taxation of costs granted.

Orders

  • Dr Hashim's appeal struck out for unpurged contempt.
  • Application to debar Mrs Hashim from appeal refused.