Dadourian Group International Inc & Ors v Simms & Ors

Dadourian Group International Inc & Ors v Simms & Ors

Permission to appeal was granted on grounds relating to inducement, joint tortfeasor liability, application of legal presumptions, indemnity costs, and damages enquiry, as these raised arguable issues with a real prospect of success. Permission was refused on the ground challenging the extent of costs disallowed, as the judge applied correct principles and exercised discretion appropriately.

Parties
Respondent/claimant: Dadourian Group International Inc & Ors; Appellant/defendant: Simms & Ors
Jurisdiction
England and Wales
Judgment Date
12 March 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From High Court Judgment
Outcome
Permission to appeal granted in part, refused in part; application to vary/clarify stay order adjourned; costs reserved.
Legal Topics
Fraudulent Misrepresentation, Joint Tortfeasor Liability, Freezing Orders, Costs (indemnity Basis), Non Disclosure, Damages Enquiry
Civil Procedure Commercial Law Tort Law Fraudulent Misrepresentation Joint Tortfeasor Liability Freezing Orders Costs (indemnity Basis) Non Disclosure +1 more

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Parties

Dadourian Group International Inc & Ors

Respondent/claimant

Simms & Ors

Appellant/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether implied representations were made in emails of 1 and 8/9 August 1997
  2. 2 Whether claimants were induced by the representations
  3. 3 Whether applicant and Helga were liable as joint tortfeasors

Ratio Decidendi

Permission to appeal was granted on grounds relating to inducement, joint tortfeasor liability, application of legal presumptions, indemnity costs, and damages enquiry, as these raised arguable issues with a real prospect of success. Permission was refused on the ground challenging the extent of costs disallowed, as the judge applied correct principles and exercised discretion appropriately.

Court Disposition

Permission to appeal granted in part, refused in part; application to vary/clarify stay order adjourned; costs reserved.

Orders

  • Permission to appeal granted on Grounds 2, 3, 6, 10, and 14.
  • Permission to appeal refused on Ground 9.