Jafari-Fini v Skillglass Ltd & Ors [2007] EWCA Civ 261 (30 March 2007)

Jafari-Fini v Skillglass Ltd & Ors [2007] EWCA Civ 261 (30 March 2007)

The majority held that PAL committed a Major Default by failing to disclose to Skillglass a bribe paid by the claimant, entitling Skillglass to serve notices of default and enforce security. The judge applied the correct standard of proof for the bribery allegation. The proceedings were conducted fairly and the claimant was not denied procedural fairness.

Citation
[2007] EWCA Civ 261
Parties
Claimant: Mohammad Jafari-Fini; 1st Respondent: Skillglass Ltd; 3rd Respondent: Resurge Plc (now Adeste Investments Plc); 2nd Respondent: Phoenix Acquisitions Ltd (PAL)
Jurisdiction
England and Wales
Judgment Date
30 March 2007
Procedural Posture
Civil Appeal / Appeal From Chancery Division, Preliminary Issues
Outcome
Appeal dismissed (by majority)
Legal Topics
Facility Agreements, Default and Enforcement, Bribery and Corruption, Imputation of Knowledge, Derivative Actions, Procedural Fairness
Contract Law Company Law Civil Procedure Facility Agreements Default and Enforcement Bribery and Corruption Imputation of Knowledge Derivative Actions +1 more

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Parties

Mohammad Jafari-Fini

Claimant

Skillglass Ltd

1st Respondent

Resurge Plc (now Adeste Investments Plc)

3rd Respondent

Phoenix Acquisitions Ltd (PAL)

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division, Preliminary Issues

Legal Issues

  1. 1 Whether PAL committed a 'Major Default' by failing to disclose an alleged bribe to Skillglass
  2. 2 Whether Skillglass was entitled to serve notices of default and enforce security
  3. 3 Whether the judge applied the correct standard of proof to the bribery allegation

Ratio Decidendi

The majority held that PAL committed a Major Default by failing to disclose to Skillglass a bribe paid by the claimant, entitling Skillglass to serve notices of default and enforce security. The judge applied the correct standard of proof for the bribery allegation. The proceedings were conducted fairly and the claimant was not denied procedural fairness.

Court Disposition

Appeal dismissed (by majority)

Orders

  • The appeal is dismissed.
  • Costs issues to be determined after judgment on substantive points.