Daltel Europe Ltd. & Ors v Makki & Ors

Daltel Europe Ltd. & Ors v Makki & Ors

The Court of Appeal held that the committal proceedings were civil proceedings to which the Civil Evidence Act 1995 applied, that the findings of contempt against Mr Makki were justified on the evidence and the criminal standard of proof, that the sentences imposed were not manifestly excessive, and that the costs order was within the judge's discretion. However, the summary judgment under Part 24 was set aside because the pleaded case did not support the relief granted and the necessary allegations of breach of fiduciary duty and trusteeship were not properly made in the Particulars of Claim.

Parties
Claimant/respondent: Daltel Europe Limited (in liquidation); Claimant/respondent: James Earp, Robert Harry Pick and Nicholas Stewart Wood (liquidators of Daltel Europe Ltd); Claimant/respondent: Pacifica Limited (in liquidation); Claimant/respondent: James Earp, Robert Harry Pick and Nicholas Stewart Wood (liquidators of Pacifica Ltd); Claimant/respondent: Globenet (UK) Limited (in liquidation); Claimant/respondent: James Earp, Robert Harry Pick and Nicholas Stewart Wood (liquidators of Globenet (UK) Ltd); First Defendant/appellant: Hassan Ali Makki; Second Defendant: Weybridge Management LLC; Third Defendant: Daltel USA LLC
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal against committal order dismissed; appeal against summary judgment allowed; costs appeal dismissed.
Legal Topics
Contempt of Court, Freezing Orders, Search Orders, Fiduciary Duties, Summary Judgment, Hearsay Evidence, Breach of Director's Duties
Civil Procedure Insolvency Company Law Contempt of Court Freezing Orders Search Orders Fiduciary Duties Summary Judgment +2 more

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Parties

Daltel Europe Limited (in liquidation)

Claimant/respondent

James Earp, Robert Harry Pick and Nicholas Stewart Wood (liquidators of Daltel Europe Ltd)

Claimant/respondent

Pacifica Limited (in liquidation)

Claimant/respondent

James Earp, Robert Harry Pick and Nicholas Stewart Wood (liquidators of Pacifica Ltd)

Claimant/respondent

Globenet (UK) Limited (in liquidation)

Claimant/respondent

James Earp, Robert Harry Pick and Nicholas Stewart Wood (liquidators of Globenet (UK) Ltd)

Claimant/respondent

Hassan Ali Makki

First Defendant/appellant

Weybridge Management LLC

Second Defendant

Daltel USA LLC

Third Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the findings of contempt against Mr Makki were justified on the evidence and law
  2. 2 Whether hearsay evidence was admissible in committal proceedings
  3. 3 Whether the sentences imposed for contempt were excessive or improper

Ratio Decidendi

The Court of Appeal held that the committal proceedings were civil proceedings to which the Civil Evidence Act 1995 applied, that the findings of contempt against Mr Makki were justified on the evidence and the criminal standard of proof, that the sentences imposed were not manifestly excessive, and that the costs order was within the judge's discretion. However, the summary judgment under Part 24 was set aside because the pleaded case did not support the relief granted and the necessary allegations of breach of fiduciary duty and trusteeship were not properly made in the Particulars of Claim.

Court Disposition

Appeal against committal order dismissed; appeal against summary judgment allowed; costs appeal dismissed.

Orders

  • Findings of contempt against Mr Makki upheld; sentences of imprisonment confirmed.
  • Application to adduce further evidence on appeal dismissed.