Saab & Anor v Dangate Consulting Ltd & Ors

Saab & Anor v Dangate Consulting Ltd & Ors

The Defendants have failed to comply with the 25 July 2019 Order by not providing the required level of detail and specificity in their affidavits and disclosure, and have not justified their non-compliance. The Claimants are entitled to a declaration of breach, an extended period for compliance, and costs assessed on the standard basis.

Parties
Claimant: Ayoub Farid Michel Saab; Claimant: Fadi Michel Saab; Defendant: Dangate Consulting Ltd; Defendant: Barrington London Limited; Defendant: Mr Nigel Brown; Defendant: Mr Alec Leighton
Jurisdiction
England and Wales
Judgment Date
15 January 2020
Procedural Posture
Commercial Court Application / Post Judgment Enforcement Application
Outcome
Application granted in part
Legal Topics
Contempt of Court, Disclosure Obligations, Affidavit Compliance, Costs Assessment
Civil Procedure Commercial Law Contempt of Court Disclosure Obligations Affidavit Compliance Costs Assessment

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Parties

Ayoub Farid Michel Saab

Claimant

Fadi Michel Saab

Claimant

Dangate Consulting Ltd

Defendant

Barrington London Limited

Defendant

Mr Nigel Brown

Defendant

Mr Alec Leighton

Defendant

Procedural Posture

Commercial Court Application / Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether the Defendants complied with the disclosure and affidavit requirements of the 25 July 2019 Order
  2. 2 Whether the Defendants are in breach of the Order and subject to contempt proceedings
  3. 3 Appropriate period for compliance and costs

Ratio Decidendi

The Defendants have failed to comply with the 25 July 2019 Order by not providing the required level of detail and specificity in their affidavits and disclosure, and have not justified their non-compliance. The Claimants are entitled to a declaration of breach, an extended period for compliance, and costs assessed on the standard basis.

Court Disposition

Application granted in part

Orders

  • Declaration that Defendants are in breach of the 25 July 2019 Order
  • Defendants given 28 days to comply with the Order and purge their contempt, failing which Claimants may apply for committal for contempt