Al-Rawas v Pegasus Energy Ltd & Ors

Damages are recoverable under the cross-undertakings for special losses (including agreed expenses and management time), and for general and aggravated damages where the orders were obtained by intentional non-disclosure, but not for emotional distress or exemplary damages. The evidence did not support general damages for all defendants in respect of the freezing order, except for Mr Lloyd. The contractual principles of causation, remoteness, and mitigation apply.

Parties: Claimant in the Actions/defendant in the Inquiry: Iman Said Abdul Aziz Al-Rawas; Defendant in the Actions/claimant in the Inquiry: Pegasus Energy Limited; Defendant in the Actions/claimant in the Inquiry: HH Sheikh Khalifa bin Hamed Al Thani; Defendant in the Actions/claimant in the Inquiry: Dr Issa Ghanem Al-Kawari; Defendant in the Actions/claimant in the Inquiry: Hawkstone Management Services Limited; Defendant in the Actions/claimant in the Inquiry: Mr Talal Issa Ghanem Al-Kawari; Defendant in the Actions/claimant in the Inquiry: Mr Martin Bowen; Defendant in the Actions/claimant in the Inquiry: Mr Geoffrey White; Defendant in the Actions/claimant in the Inquiry: Mr David Lloyd; Defendant in the Actions/claimant in the Inquiry: Mr Harold Palmer; Defendant in the Actions/claimant in the Inquiry: Ms Frances Cook; Defendant in the Actions/claimant in the Inquiry: Middle East South Africa Energy (Pty) Limited; Defendant in the Actions/claimant in the Inquiry: Pegasus Energy Management Services (Pty) Limited; Defendant in the Actions/claimant in the Inquiry: Vuma Petroleum Ltd (Seychelles); Defendant in the Actions/claimant in the Inquiry: Vuma Zambia Limited (Zambia); Defendant in the Actions/claimant in the Inquiry: Pegasus Energy Zambia Limited (Zambia); Defendant in the Actions/claimant in the Inquiry: Gulf Environment Limited (BVI); Defendant in the Actions/claimant in the Inquiry: Watchhorn Business Corporation (BVI); Defendant in the Actions/claimant in the Inquiry: Beagle Equities Limited (Gibraltar); Defendant in the Actions/claimant in the Inquiry: Fermor Investments Limited (BVI)
Jurisdiction: England and Wales
Judgment Date: 08 April 2008
Procedural Posture: Civil / Assessment of Damages Following Discharge of Search and Seizure and Freezing Orders
Outcome: Damages awarded to the defendants under the cross-undertakings in respect of the search and seizure and freezing orders.
Legal Topics: Cross Undertaking in Damages, Search and Seizure Orders, Freezing Orders, Damages Assessment, Aggravated Damages, Exemplary Damages, Non Disclosure, Misrepresentation

Civil Procedure Contract Law Cross Undertaking in Damages Search and Seizure Orders Freezing Orders Damages Assessment Aggravated Damages Exemplary Damages +2 more

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