Apex Global Management & Or v Global Torch Ltd & Ors

Apex Global Management & Or v Global Torch Ltd & Ors

The requirements for variation under CPR 3.1(7) as interpreted in Tibbles v SIG plc were not fulfilled; there was no material change of circumstances or misstatement of facts before the original judge. The protocol was known and considered, and any legal error should be addressed by appeal, not variation.

Parties
Petitioners: APEX GLOBAL MANAGEMENT & ORS.; Respondents: GLOBAL TORCH LTD. & ORS.
Jurisdiction
England and Wales
Judgment Date
30 October 2013
Procedural Posture
Commercial Dispute / Application for Variation of Prior Order and Relief From Sanctions
Outcome
Application for variation and relief from sanctions dismissed
Legal Topics
Variation of Court Orders, Relief From Sanctions, Disclosure Statements, Protocol of Foreign Dignitaries
Civil Procedure Commercial Law Variation of Court Orders Relief From Sanctions Disclosure Statements Protocol of Foreign Dignitaries

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Parties

APEX GLOBAL MANAGEMENT & ORS.

Petitioners

GLOBAL TORCH LTD. & ORS.

Respondents

Procedural Posture

Commercial Dispute / 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 disclosure statement by Prince Abdulaziz
  2. 2 Whether relief from sanctions is appropriate given the protocol of Saudi princes
  3. 3 Whether the facts before the original judge were misstated or materially changed

Ratio Decidendi

The requirements for variation under CPR 3.1(7) as interpreted in Tibbles v SIG plc were not fulfilled; there was no material change of circumstances or misstatement of facts before the original judge. The protocol was known and considered, and any legal error should be addressed by appeal, not variation.

Court Disposition

Application for variation and relief from sanctions dismissed

Orders

  • No further hearing on Norris J’s order or the judgment
  • Stay application may be adjourned if properly raised