Integral Petroleum SA v Petrogat FZE & Anor [2020] EWHC 558 (Comm) (12 March 2020)

Integral Petroleum SA v Petrogat FZE & Anor [2020] EWHC 558 (Comm) (12 March 2020)

The committal application was not an abuse of process as there was no real and substantial purpose to use it to force settlement, and any procedural defect in particularisation caused no injustice and was curable by amendment.

Citation
[2020] EWHC 558 (Comm)
Parties
Claimant: Integral Petroleum SA; First Defendant: Petrogat FZE; Second Defendant: San Trade GmbH; First Third Party: Mr Klaus Sonnenberg; Second Third Party: Ms Mahdieh Sanchouli; Third Third Party: Mr Hosseinali Sanchouli; Fourth Third Party: Mr Kanybek Beisenov
Jurisdiction
England and Wales
Judgment Date
12 March 2020
Procedural Posture
Committal Application for Contempt of Court / Judgment on Strike Out Applications and Procedural Objections Prior to Substantive Hearing
Outcome
Applications to strike out the committal application as abuse of process and for lack of particularisation are dismissed.
Legal Topics
Contempt of Court, Committal Proceedings, Abuse of Process, Injunctions, Particularisation of Allegations
Civil Procedure Commercial Law Contempt of Court Committal Proceedings Abuse of Process Injunctions Particularisation of Allegations

Case Brief

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Parties

Integral Petroleum SA

Claimant

Petrogat FZE

First Defendant

San Trade GmbH

Second Defendant

Mr Klaus Sonnenberg

First Third Party

Ms Mahdieh Sanchouli

Second Third Party

Mr Hosseinali Sanchouli

Third Third Party

Mr Kanybek Beisenov

Fourth Third Party

Procedural Posture

Committal Application for Contempt of Court / Judgment on Strike Out Applications and Procedural Objections Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the committal application should be struck out as an abuse of process for being used to leverage settlement
  2. 2 Whether the committal application failed to sufficiently particularise the alleged acts of contempt under CPR 81.10(3)

Ratio Decidendi

The committal application was not an abuse of process as there was no real and substantial purpose to use it to force settlement, and any procedural defect in particularisation caused no injustice and was curable by amendment.

Court Disposition

Applications to strike out the committal application as abuse of process and for lack of particularisation are dismissed.

Orders

  • Permission granted to amend the application notice to comply with CPR 81.10(3).
  • Proceedings to continue to substantive hearing on committal.