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', fraudulently induced the Claimant to pay over £2 million and provide confidential materials, and retained the benefit of the funds and tapes. The Claimant was entitled to restitution of the sums paid, delivery up of confidential materials, and permanent injunctions restraining disclosure. Mrs. Amir's explanations were rejected as implausible and unsupported by evidence.

Citation
[2007] EWHC 91 (QB)
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) / Final Judgment After Trial
Outcome
Judgment for the Claimant against Mrs. Amir (Tenth Defendant)
Legal Topics
Fraudulent Misrepresentation, Breach of Confidence, Interim and Permanent Injunctions, Freezing Orders, Contempt of Court
Civil Fraud Confidentiality Injunctions Fraudulent Misrepresentation Breach of Confidence Interim and Permanent Injunctions Freezing Orders Contempt of Court

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) / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mrs. Amir defrauded the Claimant by impersonating 'Mr. Aziz' and obtaining money and gifts 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 confidentiality and court orders

Ratio Decidendi

The court found that Mrs. Amir invented and impersonated 'Mr. Aziz', fraudulently induced the Claimant to pay over £2 million and provide confidential materials, and retained the benefit of the funds and tapes. The Claimant was entitled to restitution of the sums paid, delivery up of confidential materials, and permanent injunctions restraining disclosure. Mrs. Amir's explanations were rejected as implausible and unsupported by evidence.

Court Disposition

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

Orders

  • Mrs. Amir to pay to the Claimant the sums fraudulently obtained (over £2 million)
  • Mrs. Amir to deliver up all tapes and confidential materials belonging to the Claimant