Alphasteel Ltd v Shirkhani & Anor

Alphasteel Ltd v Shirkhani & Anor

The application by Alphasteel to use disclosed documents in Swiss proceedings constituted pursuit of a claim or right against Shirkhani and Summit within the meaning of the Settlement Agreement, which was intended to prevent further litigation or claims between the parties. Therefore, the Settlement Agreement precluded Alphasteel from seeking such permission, and the appeal was allowed.

Parties
Respondent: Alphasteel Limited (in liquidation); Appellant: Shahram Shirkhani; Appellant: Summit Development General Trading LLC
Jurisdiction
England and Wales
Judgment Date
23 October 2013
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) Decision Granting Permission to Use Disclosed Documents
Outcome
Appeal allowed
Legal Topics
Use of Disclosed Documents, Settlement Agreements, Confidentiality, Interpretation of Contracts
Civil Procedure Contract Law Use of Disclosed Documents Settlement Agreements Confidentiality Interpretation of Contracts

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Parties

Alphasteel Limited (in liquidation)

Respondent

Shahram Shirkhani

Appellant

Summit Development General Trading LLC

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) Decision Granting Permission to Use Disclosed Documents

Legal Issues

  1. 1 Whether the Settlement Agreement precludes Alphasteel from seeking court permission under CPR 31.22 to use disclosed documents in foreign proceedings
  2. 2 Whether an application for permission to use disclosed documents constitutes pursuit of a claim or right against the disclosing party under the Settlement Agreement

Ratio Decidendi

The application by Alphasteel to use disclosed documents in Swiss proceedings constituted pursuit of a claim or right against Shirkhani and Summit within the meaning of the Settlement Agreement, which was intended to prevent further litigation or claims between the parties. Therefore, the Settlement Agreement precluded Alphasteel from seeking such permission, and the appeal was allowed.

Court Disposition

Appeal allowed

Orders

  • Set aside the judge’s order granting Alphasteel permission to use the documents for Swiss proceedings
  • Invited written submissions on whether the High Court judgment should remain confidential