Dell Emerging Markets (EMEA) Ltd & Ors v Systems Equipment Telecommunications Services S.A.L [2020] EWHC 561 (Comm) (13 March 2020)

Dell Emerging Markets (EMEA) Ltd & Ors v Systems Equipment Telecommunications Services S.A.L [2020] EWHC 561 (Comm) (13 March 2020)

SETS and each of the individual respondents (directors) were aware of the anti-suit injunctions and the facts constituting breaches, and wilfully permitted or encouraged breaches or failed to take reasonable steps to prevent them. The absence of personal service before some breaches does not preclude contempt...

Source-derived case information.

Citation
[2020] EWHC 561 (Comm)
Parties
Claimant/applicant: Dell Emerging Markets (EMEA) Ltd; Claimant/applicant: Dell Computer SA; Claimant/applicant: Dell Technologies Inc.; Claimant/applicant: Dell FZ – LLC; Defendant/respondent: Systems Equipment Telecommunications Services S.A.L. (SETS); Respondent: Maher Chahlawi; Respondent: Marwan Junior Chahlawi; Respondent: Pierre Albert Chalhoub; Respondent: Sara Bibi
Jurisdiction
England and Wales
Judgment Date
13 March 2020
Procedural Posture
Contempt Application in Commercial Proceedings / Judgment on Liability for Contempt of Court
Outcome
Findings of contempt of court against SETS and all individual respondents as alleged.
Legal Topics
Anti Suit Injunctions, Contempt of Court, Jurisdiction, Service of Process, Directors' Liability
Commercial Law Civil Procedure Anti Suit Injunctions Contempt of Court Jurisdiction Service of Process Directors' Liability

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Parties

Dell Emerging Markets (EMEA) Ltd

Claimant/applicant

Dell Computer SA

Claimant/applicant

Dell Technologies Inc.

Claimant/applicant

Dell FZ – LLC

Claimant/applicant

Systems Equipment Telecommunications Services S.A.L. (SETS)

Defendant/respondent

Maher Chahlawi

Respondent

Marwan Junior Chahlawi

Respondent

Pierre Albert Chalhoub

Respondent

Sara Bibi

Respondent

Procedural Posture

Contempt Application in Commercial Proceedings / Judgment on Liability for Contempt of Court

Legal Issues

  1. 1 Whether SETS and its directors breached anti-suit injunctions issued by the English court
  2. 2 Whether each director/respondent is guilty of contempt of court for breaches of the injunctions
  3. 3 Whether service and notification requirements for contempt were satisfied

Ratio Decidendi

SETS and each of the individual respondents (directors) were aware of the anti-suit injunctions and the facts constituting breaches, and wilfully permitted or encouraged breaches or failed to take reasonable steps to prevent them. The absence of personal service before some breaches does not preclude contempt findings where actual notice and no prejudice are established. There is no defence based on potential conflict with Lebanese law.

Court Disposition

Findings of contempt of court against SETS and all individual respondents as alleged.

Orders

  • SETS and each of Maher Chahlawi, Marwan Junior Chahlawi, Sara Bibi, and Pierre Chalhoub are found guilty of contempt of court for breaches of the anti-suit injunctions.
  • Issues of sentence or sanction adjourned to a later date.