Lakatamia Shipping Company Ltd & Ors v Su & Ors [2021] EWCA Civ 1187 (30 July 2021)

Lakatamia Shipping Company Ltd & Ors v Su & Ors [2021] EWCA Civ 1187 (30 July 2021)

The continuation of the passport order was justified and proportionate given the appellant's repeated breaches, non-compliance, and the necessity of securing an effective Means Hearing. The passage of time was attributable to the appellant's own conduct, and there was no error of principle in the judge's refusal to discharge the order. Article 8 rights were considered and not infringed in the circumstances.

Citation
[2021] EWCA Civ 1187
Parties
Respondent/first Claimant: Lakatamia Shipping Company Limited; Second Claimant: Slagen Shipping Company Limited; Third Claimant: Kition Shipping Company Limited; Fourth Claimant: Polys Haji-Ioannou; Appellant/first Defendant: Nobu Su (aka Su Hsin Chi; aka Nobu Morimoto); Second Defendant: TMT Company Limited; Third Defendant: TMT Asia Limited; Fourth Defendant: Taiwan Maritime Transportation Company Limited; Fifth Defendant: TMT Company Limited, Panama S. A.; Sixth Defendant: TMT Company Limited, Liberia; Seventh Defendant: Iron Monger I Co., Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2021
Procedural Posture
Civil Appeal / Appeal From Refusal to Discharge Passport Order
Outcome
Appeal dismissed
Legal Topics
Freezing Orders, Passport Orders, Article 8 ECHR, Enforcement of Judgments, Contempt of Court, Proportionality Review
Civil Procedure Commercial Law Human Rights Freezing Orders Passport Orders Article 8 ECHR Enforcement of Judgments Contempt of Court +1 more

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Parties

Lakatamia Shipping Company Limited

Respondent/first Claimant

Slagen Shipping Company Limited

Second Claimant

Kition Shipping Company Limited

Third Claimant

Polys Haji-Ioannou

Fourth Claimant

Nobu Su (aka Su Hsin Chi; aka Nobu Morimoto)

Appellant/first Defendant

TMT Company Limited

Second Defendant

TMT Asia Limited

Third Defendant

Taiwan Maritime Transportation Company Limited

Fourth Defendant

TMT Company Limited, Panama S. A.

Fifth Defendant

TMT Company Limited, Liberia

Sixth Defendant

Iron Monger I Co., Limited

Seventh Defendant

Procedural Posture

Civil Appeal / Appeal From Refusal to Discharge Passport Order

Legal Issues

  1. 1 Whether the continuation of a passport order restraining the appellant from leaving the jurisdiction was lawful and proportionate in light of Article 8 ECHR and s.24 Immigration Act 1971
  2. 2 Whether the passage of time and the appellant's immigration status required discharge of the order
  3. 3 Whether the judge failed to follow equitable principles in refusing to discharge the order

Ratio Decidendi

The continuation of the passport order was justified and proportionate given the appellant's repeated breaches, non-compliance, and the necessity of securing an effective Means Hearing. The passage of time was attributable to the appellant's own conduct, and there was no error of principle in the judge's refusal to discharge the order. Article 8 rights were considered and not infringed in the circumstances.

Court Disposition

Appeal dismissed

Orders

  • Passport order to continue until the second Means Hearing or further order
  • No discharge or variation of the passport order as sought by the appellant