A v Aziz & Ors

A v Aziz & Ors

The court found that Mr. Aziz did not exist and was impersonated by Mrs. Amir, who fraudulently obtained money and gifts from the Claimant. Mrs. Amir also threatened to disclose confidential information to pressure the Claimant. The Claimant was entitled to restitution of the sums paid, damages for the gifts, and permanent injunctions to protect her confidential information.

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 / Final Judgment After Trial
Outcome
Judgment for the Claimant against Mrs. Amir.
Legal Topics
Fraudulent Misrepresentation, Conspiracy, Breach of Confidence, Interim and Permanent Injunctions, Damages, Restitution, Privacy Orders, Freezing Orders
Fraud Restitution Privacy Confidentiality Fraudulent Misrepresentation Conspiracy Breach of Confidence Interim and Permanent Injunctions +3 more

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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 / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mr. Aziz existed or was impersonated by Mrs. Amir
  2. 2 Whether Mrs. Amir fraudulently obtained money and gifts from the Claimant
  3. 3 Whether Mrs. Amir threatened to disclose confidential information to pressure the Claimant

Ratio Decidendi

The court found that Mr. Aziz did not exist and was impersonated by Mrs. Amir, who fraudulently obtained money and gifts from the Claimant. Mrs. Amir also threatened to disclose confidential information to pressure the Claimant. The Claimant was entitled to restitution of the sums paid, damages for the gifts, and permanent injunctions to protect her confidential information.

Court Disposition

Judgment for the Claimant against Mrs. Amir.

Orders

  • Mrs. Amir to pay £2,040,000 plus interest for fraudulent misrepresentation and restitution.
  • Mrs. Amir to pay £170,000 plus interest for gifts fraudulently obtained.