First American Corporation & Ors v Al-Nahyan & Ors [1998] EWCA Civ 817 (12 May 1998)

First American Corporation & Ors v Al-Nahyan & Ors [1998] EWCA Civ 817 (12 May 1998)

The Letters of Request, despite amendments, remained excessively wide and oppressive due to the burden placed on witnesses and unresolved allegations of fraud against Price Waterhouse. The requests were not sufficiently limited to avoid oppression, and First American's refusal to undertake not to sue Price Waterhouse for fraud rendered the requests unacceptable. The appeal was dismissed as the requests could not be acceded to in their current form.

Citation
[1998] EWCA Civ 817
Parties
Plaintiff/appellant: First American Corporation and Others; Defendants/respondents: Sheik Zayed Bin Sultan Al-Nahyan et al; Plaintiff and Counterclaim Defendant: Clark M Clifford et al; Defendants and Counterclaim Plaintiff: First American Corporation et al
Jurisdiction
England and Wales
Judgment Date
12 May 1998
Procedural Posture
Appeal / Appeal From Order of Mr Justice Popplewell
Outcome
Appeal dismissed
Legal Topics
Letters of Request, Taking of Evidence Abroad, Oppression, Fishing Expeditions, Fraud
Civil Procedure International Law Letters of Request Taking of Evidence Abroad Oppression Fishing Expeditions Fraud

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

First American Corporation and Others

Plaintiff/appellant

Sheik Zayed Bin Sultan Al-Nahyan et al

Defendants/respondents

Clark M Clifford et al

Plaintiff and Counterclaim Defendant

First American Corporation et al

Defendants and Counterclaim Plaintiff

Procedural Posture

Appeal / Appeal From Order of Mr Justice Popplewell

Legal Issues

  1. 1 Whether the Letters of Request for oral examination of witnesses constitute impermissible fishing expeditions
  2. 2 Whether the scope of the request is oppressive to the witnesses
  3. 3 Whether the court should assist foreign proceedings in cases of international fraud

Ratio Decidendi

The Letters of Request, despite amendments, remained excessively wide and oppressive due to the burden placed on witnesses and unresolved allegations of fraud against Price Waterhouse. The requests were not sufficiently limited to avoid oppression, and First American's refusal to undertake not to sue Price Waterhouse for fraud rendered the requests unacceptable. The appeal was dismissed as the requests could not be acceded to in their current form.

Court Disposition

Appeal dismissed

Orders

  • No order giving effect to Letters of Request
  • Requests deemed oppressive and not acceded to