ENRC -v- Zamin Ferrous Limited [2015] JRC 217 (27 October 2015)

ENRC -v- Zamin Ferrous Limited [2015] JRC 217 (27 October 2015)

It is just and convenient to order disclosure of the Aurum and Gerald agreements, as they affect the main asset within the group beneath Zamin and are necessary to police the worldwide freezing order and enable ENRC to execute the judgment anywhere in the world. The timing and lack of clarity regarding these agreements reinforce the need for disclosure. However, disclosure is limited to the agreements themselves and does not extend to related correspondence or further information at this stage.

Citation
[2015] JRC 217
Parties
Plaintiff: ENRC; Defendant: Zamin
Jurisdiction
Jersey
Judgment Date
27 October 2015
Procedural Posture
Post Judgment Asset Disclosure Application / Inter Partes Hearing on Further Disclosure Following Worldwide Freezing Order
Outcome
Application granted in part
Legal Topics
Worldwide Freezing Orders, Post Judgment Disclosure, Enforcement of Judgments, Commercial Litigation
Civil Procedure Injunctions Asset Recovery Worldwide Freezing Orders Post Judgment Disclosure Enforcement of Judgments Commercial Litigation

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Parties

ENRC

Plaintiff

Zamin

Defendant

Procedural Posture

Post Judgment Asset Disclosure Application / Inter Partes Hearing on Further Disclosure Following Worldwide Freezing Order

Legal Issues

  1. 1 Whether further disclosure of agreements and related information concerning the defendant's assets should be ordered to police a worldwide freezing order and facilitate enforcement of a judgment debt.

Ratio Decidendi

It is just and convenient to order disclosure of the Aurum and Gerald agreements, as they affect the main asset within the group beneath Zamin and are necessary to police the worldwide freezing order and enable ENRC to execute the judgment anywhere in the world. The timing and lack of clarity regarding these agreements reinforce the need for disclosure. However, disclosure is limited to the agreements themselves and does not extend to related correspondence or further information at this stage.

Court Disposition

Application granted in part

Orders

  • Zamin to disclose the Aurum and Gerald agreements to the Court at an inter partes hearing, with submissions to be made in the presence of ENRC but without ENRC initially seeing the agreements.
  • If disclosure to ENRC is subsequently ordered, restrictions will be imposed: agreements to be used only for English and enforcement proceedings, delivered to ENRC's legal team and identified senior officers, and not to be copied more widely.