Islamic Investment Company of the Gulf (Bahamas) Ltd v Symphony Gems NV & Ors

Islamic Investment Company of the Gulf (Bahamas) Ltd v Symphony Gems NV & Ors

Serious misconduct by Mr Benson in preparation for and conduct of the ACO hearing, including failure to follow instructions, misrepresentation to the court, and evidence of acting against RM's interests, constituted a material change in circumstances and misstatement of facts, justifying setting aside the ACO under CPR r.3.1(7).

Parties
Claimant/respondent: Islamic Investment Company of the Gulf (Bahamas) Ltd; Defendant/applicant: Symphony Gems NV; Defendant/applicant: Rajesh Kishor Mehta; Defendant/applicant: Vijay Kumar Kirtilal Mehta
Jurisdiction
England and Wales
Judgment Date
19 November 2014
Procedural Posture
Commercial Court Application / Ruling on Application to Set Aside Orders
Outcome
Application granted in relation to the ACO; refused in relation to all other court orders.
Legal Topics
Setting Aside Court Orders, Fraudulent Representation, Committal Proceedings, Judgment Enforcement
Civil Procedure Contempt of Court Setting Aside Court Orders Fraudulent Representation Committal Proceedings Judgment Enforcement

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Parties

Islamic Investment Company of the Gulf (Bahamas) Ltd

Claimant/respondent

Symphony Gems NV

Defendant/applicant

Rajesh Kishor Mehta

Defendant/applicant

Vijay Kumar Kirtilal Mehta

Defendant/applicant

Procedural Posture

Commercial Court Application / Ruling on Application to Set Aside Orders

Legal Issues

  1. 1 Whether orders made during fraudulent representation should be set aside
  2. 2 Whether solicitor misconduct constitutes material change in circumstances under CPR r.3.1(7)
  3. 3 Impact of solicitor's actions on fairness of proceedings

Ratio Decidendi

Serious misconduct by Mr Benson in preparation for and conduct of the ACO hearing, including failure to follow instructions, misrepresentation to the court, and evidence of acting against RM's interests, constituted a material change in circumstances and misstatement of facts, justifying setting aside the ACO under CPR r.3.1(7).

Court Disposition

Application granted in relation to the ACO; refused in relation to all other court orders.

Orders

  • ACO (order of 4 October 2010) set aside.
  • All other court orders remain in force.