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Howard Norman Leedham v Oxford Investment Managers Limited Ruling on Application [2008] DIFC CFI 006

Howard Norman Leedham v Oxford Investment Managers Limited Ruling on Application [2008] DIFC CFI 006

November 22, 2010

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Claim No: CFI 006/2008

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai

IN THE COURT OF FIRST INSTANCE

BEFORE JUSTICE DAVID WILLIAMS

BETWEEN

HOWARD NORMAN LEEDHAM Applicant
-v-

OXFORD INVESTMENT MANAGERS LIMITED
(an exempted company of the Cayman Islands, Certificate of Incorporation MC – 170960 – 17 July 2006

Defendant

 

Hearing: 11 November 2010
Ruling: 22 November 2010

RULING ON APPLICATION UNDER DIFC RULE 36.40 TO CORRECT TYPOGRAPHICAL ERROR IN JUDGMENT

1. My Judgment was issued on 21 June 2010.

 

2. By letter dated 11 November 2010 (attached as Appendix 1) the Applicant applied, without notice, for correction of a typing error in the Judgment.

 

3. I am in no doubt that the reference in paragraph 4 to “November 2009” was an accidental slip and a typographical error since the evidence was clear that the Applicant was employed from January 2007 until November 2007.

 

4. This is clear from the Judgment itself: see paragraphs 47 and 72 where there are explicit findings to that effect and see also paragraphs 36, 47 and 80.

 

5. In view of the explicit findings to which I have referred, there is no doubt that:

(i) the accidental slip is obvious; and
(ii) a hearing of the Application would not be appropriate

 

6. Accordingly, the accidental slip (typographical error) in paragraph 4 is hereby corrected and paragraph 4 shall be taken to refer to November 2007.

 

7. A substitute corrected page 2 of the Judgment may be inserted by the Registrar with a new original of the Judgment which I shall sign. That Judgment shall be provided to the Applicant together with a copy of this Ruling.

 

Justice David Williams
Date of Issue: 22 November 2010

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