Dadourian Group Int Inc v Simms & Ors

Dadourian Group Int Inc v Simms & Ors

The court has a broad discretion to grant permission to enforce a WFO abroad where it is just and convenient, provided there is a real prospect of relevant assets in the foreign jurisdiction and a risk of dissipation. The discretion is not fettered by a requirement to join third parties to the English proceedings or to apply a higher standard of proof. Procedural irregularities in service or notice do not, in this case, justify setting aside the order.

Parties
Claimant: Dadourian Group Int. Inc.; Defendant/appellant: Paul Simms; Defendant/appellant: Jack Dadourian; Defendant/appellant: Helga Dadourian; Respondents: Simms & Ors
Jurisdiction
England and Wales
Judgment Date
11 April 2006
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Worldwide Freezing Orders, Enforcement of Judgments, Interim Remedies, Jurisdiction, Costs
Civil Procedure Injunctions International Law Worldwide Freezing Orders Enforcement of Judgments Interim Remedies Jurisdiction Costs

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Parties

Dadourian Group Int. Inc.

Claimant

Paul Simms

Defendant/appellant

Jack Dadourian

Defendant/appellant

Helga Dadourian

Defendant/appellant

Simms & Ors

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 What principles govern the grant of permission to enforce a worldwide freezing order (WFO) in a foreign jurisdiction?
  2. 2 What is the appropriate standard of proof for the existence of assets abroad subject to a WFO?
  3. 3 Should permission to enforce a WFO abroad be refused if the alleged asset holder can be brought before the English court?

Ratio Decidendi

The court has a broad discretion to grant permission to enforce a WFO abroad where it is just and convenient, provided there is a real prospect of relevant assets in the foreign jurisdiction and a risk of dissipation. The discretion is not fettered by a requirement to join third parties to the English proceedings or to apply a higher standard of proof. Procedural irregularities in service or notice do not, in this case, justify setting aside the order.

Court Disposition

Appeal dismissed

Orders

  • The appeals against the refusal to discharge the Swiss variation order are dismissed.
  • Permission to appeal the costs order is refused.