Masri v Consolidated Contractors International Co Sal & Ors [2008] EWCA Civ 1367 (13 November 2008)

Masri v Consolidated Contractors International Co Sal & Ors [2008] EWCA Civ 1367 (13 November 2008)

Permission to appeal was refused because the judge exercised his discretion in accordance with binding authority, special circumstances justified the receivership and freezing orders, and the points of Lebanese law did not preclude the making of the orders given the court's discretionary approach.

Citation
[2008] EWCA Civ 1367
Parties
Respondent: MASRI; Applicants: Consolidated Contractors International Co SAL & Ors
Jurisdiction
England and Wales
Judgment Date
13 November 2008
Procedural Posture
Appeal / Application for Permission to Appeal and for Stays of Orders
Outcome
Applications refused
Legal Topics
Receivership, Freezing Orders, Equitable Execution, Foreign Law and Comity, Disclosure Obligations
Civil Procedure Commercial Law Enforcement of Judgments Receivership Freezing Orders Equitable Execution Foreign Law and Comity Disclosure Obligations

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Parties

MASRI

Respondent

Consolidated Contractors International Co SAL & Ors

Applicants

Procedural Posture

Appeal / Application for Permission to Appeal and for Stays of Orders

Legal Issues

  1. 1 Whether receivers by way of equitable execution can be appointed over contractual receivables in the circumstances of this case
  2. 2 Whether the English court should refuse to make orders requiring disclosure or compliance where such orders may conflict with foreign (Lebanese) law
  3. 3 Whether the scale and scope of the receivership and freezing orders were justified

Ratio Decidendi

Permission to appeal was refused because the judge exercised his discretion in accordance with binding authority, special circumstances justified the receivership and freezing orders, and the points of Lebanese law did not preclude the making of the orders given the court's discretionary approach.

Court Disposition

Applications refused

Orders

  • Permission to appeal refused
  • Applications for stays of the receivership and freezing orders refused