GFH Capital Ltd v Haigh & Ors [2020] EWHC 1269 (Comm) (19 May 2020)

GFH Capital Ltd v Haigh & Ors [2020] EWHC 1269 (Comm) (19 May 2020)

Mr Haigh submitted to the jurisdiction of the DIFC Court by filing a counterclaim and defending on the merits after his return to the UK, without pursuing his jurisdictional objection. The DIFC Judgment is final, conclusive, for a definite sum, and not impeachable for fraud, public policy, or breach of natural justice. There is no real prospect of defending the enforcement claim or the proprietary claims, and no compelling reason for a trial.

Citation
[2020] EWHC 1269 (Comm)
Parties
Claimant: GFH Capital Limited; First Defendant: David Lawrence Haigh; Second Defendant: The Cove Estates Limited (formerly Elia Enterprises); Third Defendant: Hotel Cove Limited; Fourth Defendant: Cove Lamorna Limited (dissolved); Fifth Defendant: Mont Fleury Limited; Sixth Defendant: Cloatley Hospitality Limited; Seventh Defendant: Sport Capital Limited; Eighth Defendant: Alison Louise Thomas
Jurisdiction
England and Wales
Judgment Date
19 May 2020
Procedural Posture
Commercial Enforcement of Foreign Judgment and Proprietary Claims / Summary Judgment/strike Out Application
Outcome
Summary judgment granted for the claimant; defences and counterclaims struck out.
Legal Topics
Enforcement of Foreign Judgments, Constructive Trust, Summary Judgment, Jurisdiction, Fraud, Public Policy, Natural Justice
Private International Law Commercial Law Civil Procedure Enforcement of Foreign Judgments Constructive Trust Summary Judgment Jurisdiction Fraud +2 more

Case Brief

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Parties

GFH Capital Limited

Claimant

David Lawrence Haigh

First Defendant

The Cove Estates Limited (formerly Elia Enterprises)

Second Defendant

Hotel Cove Limited

Third Defendant

Cove Lamorna Limited (dissolved)

Fourth Defendant

Mont Fleury Limited

Fifth Defendant

Cloatley Hospitality Limited

Sixth Defendant

Sport Capital Limited

Seventh Defendant

Alison Louise Thomas

Eighth Defendant

Procedural Posture

Commercial Enforcement of Foreign Judgment and Proprietary Claims / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the DIFC Judgment is final and conclusive and for a definite sum of money
  2. 2 Whether the DIFC Court was a court of competent jurisdiction under English conflict of laws rules
  3. 3 Whether the DIFC Judgment is impeachable for fraud, public policy, or breach of natural justice

Ratio Decidendi

Mr Haigh submitted to the jurisdiction of the DIFC Court by filing a counterclaim and defending on the merits after his return to the UK, without pursuing his jurisdictional objection. The DIFC Judgment is final, conclusive, for a definite sum, and not impeachable for fraud, public policy, or breach of natural justice. There is no real prospect of defending the enforcement claim or the proprietary claims, and no compelling reason for a trial.

Court Disposition

Summary judgment granted for the claimant; defences and counterclaims struck out.

Orders

  • Enforcement of the DIFC Judgment against Mr Haigh for £2,039,793.70, AED 8,735,340, and US$50,000 plus interest and costs.
  • Declarations that the sums received by Mr Haigh are held on constructive trust for GFH.