Ras Al Khaimah Investment Authority v Azima & Ors [2023] EWHC 2108 (Ch) (21 August 2023)

Ras Al Khaimah Investment Authority v Azima & Ors [2023] EWHC 2108 (Ch) (21 August 2023)

Default judgment on the Set Aside Counterclaim was refused because Dechert LLP and Mr Gerrard, as parties directly affected, would be unfairly deprived of defences and the opportunity to rely on the First Judgment, outweighing any prejudice to Mr Azima. Default judgment on the Hacking Counterclaim was granted against RAKIA after striking out its defence for serious breach of disclosure orders.

Citation
[2023] EWHC 2108 (Ch)
Parties
Claimant and Defendant to Counterclaim: Ras Al Khaimah Investment Authority; Defendant and Counterclaimant: Farhad Azima; First Additional Defendant to Counterclaim: Stuart Page; Second Additional Defendant to Counterclaim: David Neil Gerrard; Third Additional Defendant to Counterclaim: Dechert LLP; Fourth Additional Defendant to Counterclaim: James Edward Denniston Buchanan
Jurisdiction
England and Wales
Judgment Date
21 August 2023
Procedural Posture
Chancery Division, Business List (ch D) / Application for Default Judgment and Strike Out Orders
Outcome
Application for default judgment on Set Aside Counterclaim dismissed; application for default judgment on Hacking Counterclaim granted against RAKIA after striking out defence.
Legal Topics
Default Judgment, Set Aside Judgment, Disclosure, Issue Estoppel, Abuse of Process
Civil Procedure Fraud Commercial Law Default Judgment Set Aside Judgment Disclosure Issue Estoppel Abuse of Process

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Parties

Ras Al Khaimah Investment Authority

Claimant and Defendant to Counterclaim

Farhad Azima

Defendant and Counterclaimant

Stuart Page

First Additional Defendant to Counterclaim

David Neil Gerrard

Second Additional Defendant to Counterclaim

Dechert LLP

Third Additional Defendant to Counterclaim

James Edward Denniston Buchanan

Fourth Additional Defendant to Counterclaim

Procedural Posture

Chancery Division, Business List (ch D) / Application for Default Judgment and Strike Out Orders

Legal Issues

  1. 1 Whether default judgment should be granted against RAKIA on the Set Aside Counterclaim
  2. 2 Whether Dechert LLP and Mr Gerrard have standing to oppose default judgment
  3. 3 Whether RAKIA's defence to the Hacking Counterclaim should be struck out for failure to provide disclosure

Ratio Decidendi

Default judgment on the Set Aside Counterclaim was refused because Dechert LLP and Mr Gerrard, as parties directly affected, would be unfairly deprived of defences and the opportunity to rely on the First Judgment, outweighing any prejudice to Mr Azima. Default judgment on the Hacking Counterclaim was granted against RAKIA after striking out its defence for serious breach of disclosure orders.

Court Disposition

Application for default judgment on Set Aside Counterclaim dismissed; application for default judgment on Hacking Counterclaim granted against RAKIA after striking out defence.

Orders

  • RAKIA's defence to the Hacking Counterclaim struck out for breach of disclosure orders.
  • Default judgment entered against RAKIA on the Hacking Counterclaim.