Masri v Consolidated Contractors International Company Sal & Anor

Masri v Consolidated Contractors International Company Sal & Anor

Given the Defendants’ persistent and deliberate frustration of enforcement, the practical difficulties of execution abroad, and the absence of convincing evidence that compliance would require breach of foreign law or third-party rights, it is just and convenient to appoint a receiver over the receivables from the 25 projects where CCIC is sole contractor. The order is proportionate and necessary to assist in the collection of the judgment debt. The Lebanese court orders do not prevent compliance, and the Defendants’ arguments based on Lebanese law are unpersuasive. The freezing orders are to be continued, with modifications as set out.

Parties
Claimant/judgment Creditor: Munib Masri; Defendant/judgment Debtor: Consolidated Contractors International Company SAL; Defendant/judgment Debtor: Consolidated Contractors (Oil and Gas) Company SAL
Jurisdiction
England and Wales
Judgment Date
21 October 2008
Procedural Posture
Commercial Enforcement / Post Judgment Application for Receivership and Continuation of Freezing Orders
Outcome
Receivership order granted in respect of 25 projects where CCIC is sole contractor; freezing orders continued with modifications; further directions to be given on wording of orders.
Legal Topics
Receivership in Aid of Execution, Freezing Injunctions, Enforcement of Foreign Judgments, Comity, Equitable Execution
Civil Procedure Commercial Law Private International Law Receivership in Aid of Execution Freezing Injunctions Enforcement of Foreign Judgments Comity Equitable Execution

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Parties

Munib Masri

Claimant/judgment Creditor

Consolidated Contractors International Company SAL

Defendant/judgment Debtor

Consolidated Contractors (Oil and Gas) Company SAL

Defendant/judgment Debtor

Procedural Posture

Commercial Enforcement / Post Judgment Application for Receivership and Continuation of Freezing Orders

Legal Issues

  1. 1 Whether a receivership order should be granted over foreign receivables of foreign judgment debtors in aid of execution of an English judgment
  2. 2 Whether the Defendants are prevented by Lebanese law or court orders from complying with English court orders
  3. 3 Whether the scope of the receivership order should be limited to certain receivables

Ratio Decidendi

Given the Defendants’ persistent and deliberate frustration of enforcement, the practical difficulties of execution abroad, and the absence of convincing evidence that compliance would require breach of foreign law or third-party rights, it is just and convenient to appoint a receiver over the receivables from the 25 projects where CCIC is sole contractor. The order is proportionate and necessary to assist in the collection of the judgment debt. The Lebanese court orders do not prevent compliance, and the Defendants’ arguments based on Lebanese law are unpersuasive. The freezing orders are to be continued, with modifications as set out.

Court Disposition

Receivership order granted in respect of 25 projects where CCIC is sole contractor; freezing orders continued with modifications; further directions to be given on wording of orders.

Orders

  • Appointment of receiver over receivables from 25 specified projects where CCIC is sole contractor (excluding Qatar Shell project)
  • Continuation of freezing orders over bank accounts and shares, with requirement for up-to-date information