Dadourian Group International Inc & Ors v Simms & Ors

Dadourian Group International Inc & Ors v Simms & Ors

The court held that the consent order made against Ms Eagle does not directly require third parties to deliver up documents or copies received or made by them prior to learning of the order. However, deployment of the material by third parties after learning of the order may amount to contempt of court if such deployment would have a significant and adverse effect on the Queen’s Bench action, which is the purpose the order seeks to protect. Unless and until the court is satisfied that deployment would not be contempt, the material is not to be relied upon by the Claimants in these proceedings.

Parties
Claimant: Dadourian Group International Inc.; Claimant: Alex Dadourian; Claimant: Haig Dadourian; Defendant: Paul Simms; Defendant: Selim Rahman; Defendant: Jack Dadourian; Defendant: Helga Dadourian; Defendant: Michael A Conlon; Defendant: Paul S Shaerf; Defendant: G Andrew Couch; Defendant: Michael A Parker; Defendant: Guy W Vincent; Defendant: Robert A Perrin; Defendant: Andrew M Smith; Defendant: Azuri Limited; Defendant: Brinton Establishment; Defendant: Libourne Investments Limited; Defendant: Ardals Investment Limited; Defendant: Republic Investment Company Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2007
Procedural Posture
Civil / Interlocutory Application for Injunctive Relief
Outcome
Interlocutory injunction granted (pending further hearing); Claimants restrained from deploying the material in question until further order.
Legal Topics
Injunctions, Contempt of Court, Privilege, Confidential Information, Third Party Rights
Civil Procedure Equity Confidentiality Injunctions Contempt of Court Privilege Confidential Information Third Party Rights

Case Brief

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Parties

Dadourian Group International Inc.

Claimant

Alex Dadourian

Claimant

Haig Dadourian

Claimant

Paul Simms

Defendant

Selim Rahman

Defendant

Jack Dadourian

Defendant

Helga Dadourian

Defendant

Michael A Conlon

Defendant

Paul S Shaerf

Defendant

G Andrew Couch

Defendant

Michael A Parker

Defendant

Guy W Vincent

Defendant

Robert A Perrin

Defendant

Andrew M Smith

Defendant

Azuri Limited

Defendant

Brinton Establishment

Defendant

Libourne Investments Limited

Defendant

Ardals Investment Limited

Defendant

Republic Investment Company Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 Whether a third party is restrained by a consent order made against another party from deploying documents received in breach of confidence and/or privilege
  2. 2 Whether deployment of such documents would amount to contempt of court
  3. 3 Whether the order requires third parties to deliver up documents received prior to knowledge of the order

Ratio Decidendi

The court held that the consent order made against Ms Eagle does not directly require third parties to deliver up documents or copies received or made by them prior to learning of the order. However, deployment of the material by third parties after learning of the order may amount to contempt of court if such deployment would have a significant and adverse effect on the Queen’s Bench action, which is the purpose the order seeks to protect. Unless and until the court is satisfied that deployment would not be contempt, the material is not to be relied upon by the Claimants in these proceedings.

Court Disposition

Interlocutory injunction granted (pending further hearing); Claimants restrained from deploying the material in question until further order.

Orders

  • Claimants (DGI and others) are not to deploy the material objected to by the Corporate Defendants and Jack and Helga Dadourian pending further hearing.
  • Further directions to be given after hearing the parties.