Apex Global Management & Or v Global Torch Ltd & Ors [2013] EWHC 3478 (Ch) (30 October 2013)

Apex Global Management & Or v Global Torch Ltd & Ors [2013] EWHC 3478 (Ch) (30 October 2013)

The requirements for variation of an order under CPR 3.1(7) are not met because there was no material change of circumstances or misstatement of facts before the original judge. The protocol was known and considered. Any legal error should be addressed by appeal, not variation. Relief from sanctions is refused.

Citation
[2013] EWHC 3478 (Ch)
Parties
Petitioners: Apex Global Management & Ors.; Respondents: Global Torch Ltd. & Ors.
Jurisdiction
England and Wales
Judgment Date
30 October 2013
Procedural Posture
Commercial Dispute (companies Court) / Application for Variation of Prior Order and Relief From Sanctions
Outcome
Application for variation and relief from sanctions refused.
Legal Topics
Relief From Sanctions, Variation of Court Orders, Disclosure Obligations, Personal Signature Requirements, Jurisdiction to Vary Orders
Civil Procedure Commercial Law Relief From Sanctions Variation of Court Orders Disclosure Obligations Personal Signature Requirements Jurisdiction to Vary Orders

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Parties

Apex Global Management & Ors.

Petitioners

Global Torch Ltd. & Ors.

Respondents

Procedural Posture

Commercial Dispute (companies Court) / Application for Variation of Prior Order and Relief From Sanctions

Legal Issues

  1. 1 Whether the court should vary a prior order requiring personal signature of a disclosure statement by Prince Abdulaziz
  2. 2 Whether relief from sanctions should be granted for non-compliance with the order
  3. 3 Whether the protocol of the Saudi Royal Family is a valid reason for non-compliance with English court orders

Ratio Decidendi

The requirements for variation of an order under CPR 3.1(7) are not met because there was no material change of circumstances or misstatement of facts before the original judge. The protocol was known and considered. Any legal error should be addressed by appeal, not variation. Relief from sanctions is refused.

Court Disposition

Application for variation and relief from sanctions refused.

Orders

  • No variation of Vos J.'s order.
  • No relief from sanctions granted.