Consolidated Contractors International Company SAL & Anor v Masri [2011] EWCA Civ 21 (21 January 2011)

Consolidated Contractors International Company SAL & Anor v Masri [2011] EWCA Civ 21 (21 January 2011)

The source of information in an affidavit must be specifically identified under CPR 32PD.4.2, unless exceptional circumstances apply. Applications for disclosure in contempt proceedings are governed by the Civil Procedure Rules, and the judge's refusal to order further disclosure or inspection was a proper exercise of discretion, particularly where legal professional privilege applies or the disclosure sought is not relevant or necessary for a fair trial.

Citation
[2011] EWCA Civ 21
Parties
Judgment Debtor/appellant/applicant: Consolidated Contractors International Company SAL; Judgment Debtor/appellant/applicant: Consolidated Contractors (Oil and Gas) Company SAL; Judgment Creditor/respondent: Munib Masri
Jurisdiction
England and Wales
Judgment Date
21 January 2011
Procedural Posture
Appeal / Interlocutory Appeal From Case Management Orders in Contempt Proceedings
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Contempt of Court, Disclosure and Discovery, Legal Professional Privilege, Enforcement of Judgments
Civil Procedure Commercial Law Contempt of Court Disclosure and Discovery Legal Professional Privilege Enforcement of Judgments

Case Brief

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Parties

Consolidated Contractors International Company SAL

Judgment Debtor/appellant/applicant

Consolidated Contractors (Oil and Gas) Company SAL

Judgment Debtor/appellant/applicant

Munib Masri

Judgment Creditor/respondent

Procedural Posture

Appeal / Interlocutory Appeal From Case Management Orders in Contempt Proceedings

Legal Issues

  1. 1 Whether the source of information in an affidavit must be specifically identified under CPR 32PD.4.2
  2. 2 Whether disclosure should be ordered of documents relating to enquiry agents' activities in obtaining evidence
  3. 3 Whether legal professional privilege applies to redacted portions of emails and related documents

Ratio Decidendi

The source of information in an affidavit must be specifically identified under CPR 32PD.4.2, unless exceptional circumstances apply. Applications for disclosure in contempt proceedings are governed by the Civil Procedure Rules, and the judge's refusal to order further disclosure or inspection was a proper exercise of discretion, particularly where legal professional privilege applies or the disclosure sought is not relevant or necessary for a fair trial.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Order requiring Mr Masri to identify the source(s) of information in paragraph 11 of Mr Bartlett's first affidavit
  • Appeal and applications for further disclosure against Mr Masri and the receiver dismissed