Daltel Europe Ltd. (In Liquidation) & Ors v Hassan Ali Makki [2004] EWHC 1631 (Ch) (17 June 2004)

Daltel Europe Ltd. (In Liquidation) & Ors v Hassan Ali Makki [2004] EWHC 1631 (Ch) (17 June 2004)

The application for expedition is refused as the urgency required to justify preference over other cases is not established; disclosure of Apple Telecom Europe Limited documents is ordered to the extent they relate to the affairs of the claimant companies; the defendant is not required to disclose third party funders under the freezing order; joinder and service out of jurisdiction of Weybridge Management LLC and Daltel USA LLC is permitted as the claims are reasonably arguable.

Citation
[2004] EWHC 1631 (Ch)
Parties
Claimant: Daltel Europe Ltd (in Liquidation) & Ors; Defendant: Hassan Ali Makki
Jurisdiction
England and Wales
Judgment Date
17 June 2004
Procedural Posture
Chancery Division Civil Claim / Interlocutory Applications Prior to Trial
Outcome
Applications determined as follows: expedition refused; disclosure of Apple Telecom Europe Limited documents ordered as specified; no order for disclosure of third party funders; joinder and service out of jurisdiction of Weybridge Management LLC and Daltel USA LLC permitted.
Legal Topics
Freezing Orders, Search Orders, Disclosure, Expedition of Trial, Joinder of Parties, Third Party Funding, Breach of Fiduciary Duty, Fraudulent Trading, Wrongful Trading
Insolvency Civil Procedure Company Law Freezing Orders Search Orders Disclosure Expedition of Trial Joinder of Parties +4 more

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Parties

Daltel Europe Ltd (in Liquidation) & Ors

Claimant

Hassan Ali Makki

Defendant

Procedural Posture

Chancery Division Civil Claim / Interlocutory Applications Prior to Trial

Legal Issues

  1. 1 Whether the trial should be expedited
  2. 2 Scope of disclosure regarding Apple Telecom Europe Limited
  3. 3 Whether the defendant must disclose sources of legal funding

Ratio Decidendi

The application for expedition is refused as the urgency required to justify preference over other cases is not established; disclosure of Apple Telecom Europe Limited documents is ordered to the extent they relate to the affairs of the claimant companies; the defendant is not required to disclose third party funders under the freezing order; joinder and service out of jurisdiction of Weybridge Management LLC and Daltel USA LLC is permitted as the claims are reasonably arguable.

Court Disposition

Applications determined as follows: expedition refused; disclosure of Apple Telecom Europe Limited documents ordered as specified; no order for disclosure of third party funders; joinder and service out of jurisdiction of Weybridge Management LLC and Daltel USA LLC permitted.

Orders

  • Refusal of expedited trial
  • Order for disclosure of Apple Telecom Europe Limited documents relating to affairs of claimant companies by 30 July