Apex Global Management Ltd & Anor v FI Call Ltd & Ors

Apex Global Management Ltd & Anor v FI Call Ltd & Ors

The judgment against Prince Abdulaziz was regular as the money claim was properly isolated and abandonment of other claims was sufficient; there was no substantive compliance with disclosure orders, and relief from sanctions was not justified. Most allegations of historic misconduct were adequately particularised, but some required further particulars or were struck out. New causes of action pleaded without permission were struck out. Pleadings on fiduciary duties required further particulars but were not struck out.

Parties
Petitioner: Apex Global Management Limited; Petitioner: Faisal Abdel Hafiz Almhairat; Respondent: Fi Call Limited; Respondent: Global Torch Limited; Respondent: HRH Prince Abdulaziz Din Mishal Bin Abdulaziz Al Saud; Respondent: Emad Mahmoud Ahmed Abu-Ayshih; Respondent: HRH Prince Mishal Bin Abdul Aziz Al Saud
Jurisdiction
England and Wales
Judgment Date
29 November 2013
Procedural Posture
Unfair Prejudice Petition and Counterclaim / Ruling on Applications to Set Aside/stay Judgment and Strike Out Pleadings
Outcome
Applications to set aside or stay judgment refused; strike out granted in part; directions for further particulars ordered.
Legal Topics
Unfair Prejudice, Default Judgment, Pleadings, Fiduciary Duties, Case Management
Company Law Civil Procedure Unfair Prejudice Default Judgment Pleadings Fiduciary Duties Case Management

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Parties

Apex Global Management Limited

Petitioner

Faisal Abdel Hafiz Almhairat

Petitioner

Fi Call Limited

Respondent

Global Torch Limited

Respondent

HRH Prince Abdulaziz Din Mishal Bin Abdulaziz Al Saud

Respondent

Emad Mahmoud Ahmed Abu-Ayshih

Respondent

HRH Prince Mishal Bin Abdul Aziz Al Saud

Respondent

Procedural Posture

Unfair Prejudice Petition and Counterclaim / Ruling on Applications to Set Aside/stay Judgment and Strike Out Pleadings

Legal Issues

  1. 1 Whether judgment against Prince Abdulaziz should be set aside or stayed under CPR 3.5 and 3.6
  2. 2 Whether certain paragraphs of the Amended Defence and Counterclaim should be struck out for contravening court orders or inadequate particularisation
  3. 3 Whether allegations of historic misconduct are adequately pleaded

Ratio Decidendi

The judgment against Prince Abdulaziz was regular as the money claim was properly isolated and abandonment of other claims was sufficient; there was no substantive compliance with disclosure orders, and relief from sanctions was not justified. Most allegations of historic misconduct were adequately particularised, but some required further particulars or were struck out. New causes of action pleaded without permission were struck out. Pleadings on fiduciary duties required further particulars but were not struck out.

Court Disposition

Applications to set aside or stay judgment refused; strike out granted in part; directions for further particulars ordered.

Orders

  • Judgment against Prince Abdulaziz stands.
  • Paragraph 218 and related prayer struck out as new cause of action without permission.