Dar Al Arkan Real Estate Development Company & Anor v Al Refai & Ors

Dar Al Arkan Real Estate Development Company & Anor v Al Refai & Ors

The claimants were in extensive and culpable breach of their duties as ex parte applicants, including dishonest evidence and breach of undertakings regarding evidence preservation. The public interest in upholding the integrity of the court's procedures outweighs any merits of the claimants' case. All ex parte orders (injunctions, disclosure, freezing) are discharged and not renewed.

Parties
Claimant: Dar Al Arkan Real Estate Development Company; Claimant: Bank Alkhair B.S.C.(c); Defendant: Majid Al-Sayed Bader Hashim Al Refai; Defendant: Kroll Associates U.K. Limited; Defendant: Alexander Richardson; Defendant: FTI Consulting Group Limited
Jurisdiction
England and Wales
Judgment Date
12 December 2012
Procedural Posture
Commercial / Interlocutory Application to Set Aside Ex Parte Orders
Outcome
Ex parte orders discharged; applications to set aside granted.
Legal Topics
Ex Parte Applications, Freezing Orders, Breach of Confidence, Conspiracy, Defamation, Malicious Falsehood, Disclosure Obligations, Breach of Undertaking
Civil Procedure Commercial Law Ex Parte Applications Freezing Orders Breach of Confidence Conspiracy Defamation Malicious Falsehood +2 more

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Parties

Dar Al Arkan Real Estate Development Company

Claimant

Bank Alkhair B.S.C.(c)

Claimant

Majid Al-Sayed Bader Hashim Al Refai

Defendant

Kroll Associates U.K. Limited

Defendant

Alexander Richardson

Defendant

FTI Consulting Group Limited

Defendant

Procedural Posture

Commercial / Interlocutory Application to Set Aside Ex Parte Orders

Legal Issues

  1. 1 Whether claimants failed in their duty of full and frank disclosure on ex parte applications
  2. 2 Whether claimants breached undertakings and court orders regarding preservation and delivery of evidence
  3. 3 Whether ex parte orders (injunctions, freezing, disclosure) should be set aside for abuse of process or breach of duty

Ratio Decidendi

The claimants were in extensive and culpable breach of their duties as ex parte applicants, including dishonest evidence and breach of undertakings regarding evidence preservation. The public interest in upholding the integrity of the court's procedures outweighs any merits of the claimants' case. All ex parte orders (injunctions, disclosure, freezing) are discharged and not renewed.

Court Disposition

Ex parte orders discharged; applications to set aside granted.

Orders

  • Non-disclosure, document delivery, disclosure, and freezing orders discharged and not renewed.
  • Permission for service out of jurisdiction set aside (with leave to reapply on amended claim).