GFH Capital Ltd v Haigh & Ors

GFH Capital Ltd v Haigh & Ors

None of the grounds advanced by Mr Haigh would lead a fair-minded and informed observer to conclude there was a real possibility of bias; the application is totally without merit. Following the Dubai Court of Appeal's setting aside of the summary judgment, the English proceedings cannot proceed and should be stayed pending the outcome in Dubai.

Parties
Claimant: GFH Capital Limited; Defendant: David Haigh
Jurisdiction
England and Wales
Judgment Date
08 December 2017
Procedural Posture
Commercial Court Application / Application to Set Aside Order for Apparent Bias and Consideration of Stay/strike Out Following Dubai Appellate Decision
Outcome
Application to set aside for apparent bias dismissed as totally without merit; proceedings stayed with liberty to apply; costs summarily assessed but no order for payment.
Legal Topics
Apparent Bias, Recusal of Judge, Stay of Proceedings, Enforcement of Foreign Judgments
Civil Procedure Commercial Law Apparent Bias Recusal of Judge Stay of Proceedings Enforcement of Foreign Judgments

Case Brief

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Parties

GFH Capital Limited

Claimant

David Haigh

Defendant

Procedural Posture

Commercial Court Application / Application to Set Aside Order for Apparent Bias and Consideration of Stay/strike Out Following Dubai Appellate Decision

Legal Issues

  1. 1 Whether the order made by Sir Andrew Smith should be set aside for apparent bias
  2. 2 Whether the proceedings should be stayed or struck out following the Dubai Court of Appeal decision

Ratio Decidendi

None of the grounds advanced by Mr Haigh would lead a fair-minded and informed observer to conclude there was a real possibility of bias; the application is totally without merit. Following the Dubai Court of Appeal's setting aside of the summary judgment, the English proceedings cannot proceed and should be stayed pending the outcome in Dubai.

Court Disposition

Application to set aside for apparent bias dismissed as totally without merit; proceedings stayed with liberty to apply; costs summarily assessed but no order for payment.

Orders

  • Application to set aside dismissed
  • Proceedings stayed with liberty to apply