Apex Global Management Ltd & Anor v Global Torch Ltd [2017] EWCA Civ 315 (28 April 2017)

Apex Global Management Ltd & Anor v Global Torch Ltd [2017] EWCA Civ 315 (28 April 2017)

The appeal was dismissed because the appellants' application for a stay was made too late, they had submitted to the jurisdiction of the English courts, were debarred from defending, and there were strong reasons not to grant a stay, including their conduct and the impracticality and pointlessness of a stay.

Citation
[2017] EWCA Civ 315
Parties
Appellant / Defendant: Apex Global Management Limited; Appellant / Defendant: Faisal Abdul Hafiz Almhairat; Respondent / Claimant: Global Torch Limited
Jurisdiction
England and Wales
Judgment Date
28 April 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Stay of Execution
Outcome
Appeal dismissed
Legal Topics
Stay of Execution, Jurisdiction Clauses, Submission to Jurisdiction, Relief From Sanctions, Share Purchase Agreements
Company Law Civil Procedure Stay of Execution Jurisdiction Clauses Submission to Jurisdiction Relief From Sanctions Share Purchase Agreements

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Parties

Apex Global Management Limited

Appellant / Defendant

Faisal Abdul Hafiz Almhairat

Appellant / Defendant

Global Torch Limited

Respondent / Claimant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing Stay of Execution

Legal Issues

  1. 1 Whether the appellants were entitled to a stay of execution based on an exclusive jurisdiction clause in favour of Saudi courts
  2. 2 Whether the application for a stay was made too late
  3. 3 Whether the appellants had standing to seek a stay after being debarred

Ratio Decidendi

The appeal was dismissed because the appellants' application for a stay was made too late, they had submitted to the jurisdiction of the English courts, were debarred from defending, and there were strong reasons not to grant a stay, including their conduct and the impracticality and pointlessness of a stay.

Court Disposition

Appeal dismissed

Orders

  • No stay of execution granted
  • Appellants' application for stay refused