A v Aziz & Ors [2007] EWHC 91 (QB) (29 January 2007)

A v Aziz & Ors [2007] EWHC 91 (QB) (29 January 2007)

The court found that Mrs. Amir invented and impersonated 'Mr. Aziz' to defraud the Claimant of substantial sums and confidential information, and subsequently threatened disclosure to pressure the Claimant. Mrs. Amir was held liable to account for and return the sums received, deliver up all confidential materials, and was permanently restrained from disclosing the Claimant's confidential information.

Citation
[2007] EWHC 91
Parties
Claimant: MRS A (Mariam Aziz); First Defendant: MR AZIZ; Second Defendant: METROPOLE COLLEGE LIMITED; Third Defendant: PLUTO ASSOCIATES LIMITED; Fourth Defendant: AL DAMIR LIMITED; Fifth Defendant: LAYLA RAHAMIM; Sixth Defendant: ABRAHAM SHALOM; Seventh Defendant: HEND SADEQ; Eighth Defendant: ROYAL BANK OF SCOTLAND; Ninth Defendant: BANK OF BEIRUT (UK) Limited; Tenth Defendant: AVIVA AMIR (Mrs. Amir / Mrs. Zino); Eleventh Defendant: AHMED EL-BERGAMI
Jurisdiction
England and Wales
Judgment Date
29 January 2007
Procedural Posture
Civil Claim (high Court, Queen's Bench Division) / Post Trial Judgment
Outcome
Judgment for the Claimant against the Tenth Defendant (Mrs. Amir).
Legal Topics
Fraudulent Misrepresentation, Breach of Confidence, Interim Relief, Freezing Orders, Contempt of Court, Damages, Delivery Up of Property
Civil Fraud Confidentiality Injunctions Fraudulent Misrepresentation Breach of Confidence Interim Relief Freezing Orders Contempt of Court +2 more

Case Brief

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Parties

MRS A (Mariam Aziz)

Claimant

MR AZIZ

First Defendant

METROPOLE COLLEGE LIMITED

Second Defendant

PLUTO ASSOCIATES LIMITED

Third Defendant

AL DAMIR LIMITED

Fourth Defendant

LAYLA RAHAMIM

Fifth Defendant

ABRAHAM SHALOM

Sixth Defendant

HEND SADEQ

Seventh Defendant

ROYAL BANK OF SCOTLAND

Eighth Defendant

BANK OF BEIRUT (UK) Limited

Ninth Defendant

AVIVA AMIR (Mrs. Amir / Mrs. Zino)

Tenth Defendant

AHMED EL-BERGAMI

Eleventh Defendant

Procedural Posture

Civil Claim (high Court, Queen's Bench Division) / Post Trial Judgment

Legal Issues

  1. 1 Whether Mrs. Amir defrauded the Claimant by impersonating 'Mr. Aziz' and obtaining money and confidential information under false pretences
  2. 2 Whether Mrs. Amir is liable to return the sums paid and deliver up confidential materials
  3. 3 Whether Mrs. Amir breached interim court orders and confidentiality obligations

Ratio Decidendi

The court found that Mrs. Amir invented and impersonated 'Mr. Aziz' to defraud the Claimant of substantial sums and confidential information, and subsequently threatened disclosure to pressure the Claimant. Mrs. Amir was held liable to account for and return the sums received, deliver up all confidential materials, and was permanently restrained from disclosing the Claimant's confidential information.

Court Disposition

Judgment for the Claimant against the Tenth Defendant (Mrs. Amir).

Orders

  • Mrs. Amir to account for and return all sums received from the Claimant.
  • Mrs. Amir to deliver up all tapes and confidential materials belonging to the Claimant.