Dadourian Group International & Anor v Simms & Ors

Dadourian Group International & Anor v Simms & Ors

Permission of the court is required to use evidence obtained under cross-examination subject to undertakings for the purposes of a summary judgment application. The court should grant permission where it is just and convenient in all the circumstances. In this case, the applicant's reasons for seeking to use the material are compelling, there is no legitimate opposition from the person protected by the undertaking, and the evidence is relevant to the issues before the court.

Parties
Claimant: Dadourian Group International; Claimant: Alex Dadourian (Personal representative of Haig Dadourian, Deceased); Defendant: Paul Francis Simms; Defendant: Selim Rahman; Defendant: Jack Dadourian; Defendant: Helga Dadourian; Defendant: Michael A Parker; Defendant: Paul S Shaerf; Defendant: G Andrew Couch; Defendant: Guy W Vincent; Defendant: Robert A Perrin; Defendant: Andrew M Smith; Defendant: Azuri Limited; Defendant: Brinton Establishment (formerly Wildhorse Establishment); Defendant: Libourne Investments Limited; Defendant: Ardales Investments Limited; Defendant: Republic Investment Company Limited
Jurisdiction
England and Wales
Judgment Date
07 February 2008
Procedural Posture
Civil / Interlocutory Application for Permission to Use Cross Examination Evidence in Support of Summary Judgment and Related Applications
Outcome
Application granted in part
Legal Topics
Use of Evidence From Cross Examination, Variation of Court Undertakings, Legal Professional Privilege, Freezing Orders, Summary Judgment
Civil Procedure Use of Evidence From Cross Examination Variation of Court Undertakings Legal Professional Privilege Freezing Orders Summary Judgment

Case Brief

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Parties

Dadourian Group International

Claimant

Alex Dadourian (Personal representative of Haig Dadourian, Deceased)

Claimant

Paul Francis Simms

Defendant

Selim Rahman

Defendant

Jack Dadourian

Defendant

Helga Dadourian

Defendant

Michael A Parker

Defendant

Paul S Shaerf

Defendant

G Andrew Couch

Defendant

Guy W Vincent

Defendant

Robert A Perrin

Defendant

Andrew M Smith

Defendant

Azuri Limited

Defendant

Brinton Establishment (formerly Wildhorse Establishment)

Defendant

Libourne Investments Limited

Defendant

Ardales Investments Limited

Defendant

Republic Investment Company Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Permission to Use Cross Examination Evidence in Support of Summary Judgment and Related Applications

Legal Issues

  1. 1 Whether permission is required to use evidence obtained under cross-examination for the purposes of a summary judgment application and related interlocutory matters
  2. 2 Whether the undertakings given to the court restrict such use
  3. 3 Whether the court should grant permission to use the evidence in the circumstances

Ratio Decidendi

Permission of the court is required to use evidence obtained under cross-examination subject to undertakings for the purposes of a summary judgment application. The court should grant permission where it is just and convenient in all the circumstances. In this case, the applicant's reasons for seeking to use the material are compelling, there is no legitimate opposition from the person protected by the undertaking, and the evidence is relevant to the issues before the court.

Court Disposition

Application granted in part

Orders

  • Permission granted to DGI to use the cross-examination evidence of Mr Simms for the purposes of the applications before the court, except for items (f) and (g) in the draft order.