Apex Global Management Ltd & Anor v Global Torch Ltd

Apex Global Management Ltd & Anor v Global Torch Ltd

The appeal was dismissed because the application for a stay was made too late, the appellants had submitted to the jurisdiction of the English courts, had no standing due to being struck out and debarred, and there were strong reasons for the English court to determine the claim despite the jurisdiction clause.

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, Relief From Sanctions, Submission to Jurisdiction
Company Law Civil Procedure Stay of Execution Jurisdiction Clauses Relief From Sanctions Submission to Jurisdiction

Case Brief

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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 application for stay of execution based on an exclusive jurisdiction clause was made in time
  2. 2 Whether the exclusive jurisdiction clause applied to the Al Shehri claim
  3. 3 Whether the appellants had standing to bring the application after being struck out and debarred

Ratio Decidendi

The appeal was dismissed because the application for a stay was made too late, the appellants had submitted to the jurisdiction of the English courts, had no standing due to being struck out and debarred, and there were strong reasons for the English court to determine the claim despite the jurisdiction clause.

Court Disposition

Appeal dismissed

Orders

  • No stay of execution granted
  • Appellants' application refused