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CFI 020/2014 GFH Capital Limited v David Lawrence Haigh

CFI 020/2014 GFH Capital Limited v David Lawrence Haigh

August 10, 2016

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Claim No. CFI 020/2014

CA 002/2016

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF APPEAL

BETWEEN

 

GFH CAPITAL LIMITED

Claimant/Respondent

and

 

DAVID LAWRENCE HAIGH

Defendant/Appellant


ORDER OF CHIEF JUSTICE MICHAEL HWANG


UPON reviewing the Registry’s email of 18 February 2016 which granted permission to the Appellant, David Haigh, to proceed with four appeals (the “Four Appeals”) made against various orders issued by Justice Sir David Steel (as he then was), subject to the condition that the Appellant’s Skeleton Arguments pursuant to his applications be filed within one month from the date of the Order (i.e. by 17 March 2016)

AND UPON reviewing the Order of the Court dated 27 June 2016 granting a further extension of time to 24 July 2016 for the Appellant’s Skeleton Arguments to be filed, and the Registry’s accompanying letter of the same date issuing directions for the future conduct of the case

AND UPON reviewing the Appellant’s letter dated 17 July 2016 and accompanying Medical Report seeking, among other things, an adjournment and/or stay of the proceedings and a request for funding from the Court in order to engage lawyers to assist with the Four Appeals (which request has been treated as an application for funding the legal fees and expenses of the Four Appeals in accordance with RDC 38.92 and pursuant to which the Signatories of the Pro Bono Account have agreed to release a sum of up to AED 130,000 for such purpose)

AND WHEREAS the Appellant’s Skeleton Arguments have not been filed

AND WHEREAS the Court is not persuaded that the Appellant’s medical condition is such as to prevent him from instructing lawyers and/or attending a hearing if he wishes to do so

IT IS HEREBY ORDERED THAT:

1.The Four Appeals and Immediate Judgment application dated 17 March 2016 will proceed subject to the directions below.

2. Amount(s) up to AED 130,000 in the aggregate will be released from the Pro Bono Account to a legal representative appointed by the Appellant for the purpose of arguing the Four Appeals before the DIFC Courts. These funds will only be released to the legal representative, not the Appellant himself, and will only be released after a review of bills rendered by the legal representative.

3. The Four Appeals will be divided into two classes:

(a) the appeal against the Orders relating to the amendment of the Freezing Orders, which can be further subdivided into:

(i) the appeal that some of the frozen funds should be released to fund the various court actions in which the Appellant is involved, particularly those involving the Respondent (the “Releasing Funds Appeal”); and

(ii) the appeal that the Appellant should be granted larger sums of maintenance (the “Maintenance Appeal”)

(b) the appeal against the then Justice Sir David Steel’s refusal to recuse himself from all future proceedings in this case (the “Recusal Appeal”)

4. The Releasing Funds Appeal will be heard before the Maintenance Appeal and the Recusal Appeal.

5. The Releasing Fund Appeal will proceed for hearing on Sunday 18 September 2016 as scheduled. It will take place at 10am Dubai time in the event that the Appellant instructs counsel to appear before the judge in Dubai. Should the Appellant remain a litigant in person, and intend to appear by way of video link, the hearing will commence at 12pm Dubai time to take into consideration the time difference between Dubai and the UK.

6. The Appellant will be allowed further time to file his Skeleton Argument, given the fact that he may wish to avail himself of the AED 130,000 subsidy to instruct lawyers to argue the appeals.

7. The Skeleton Arguments for the Releasing Funds Appeal must be filed by no later than 2pm on Thursday 1 September 2016. This will enable that appeal hearing to proceed on Sunday 18 September 2016 as scheduled, with sufficient time in advance of the appeal for the Respondent to review and respond to the Appellant’s Skeleton Argument. Failure to meet this deadline will result in the striking out of the Releasing Funds Appeal.

8. The Maintenance Appeal and the Recusal Appeal will be heard on 11 and 12 December 2016, but will be heard independently of the Immediate Judgment Application, and will therefore not need to take place in advance of that application being heard.

9. The Skeleton Arguments for the Maintenance Appeal and the Recusal Appeal must be filed by 4pm on 11 November 2016 and any failure to do so will result in the relevant appeal being struck out.

10. The Immediate Judgment Application will proceed between 16 and 18 October 2016 (inclusive), at such time and for such duration as the Registry directs. In the absence of any indication to the contrary by 4pm on 17 August 2016, it will be assumed that both Parties will be available on these dates.

 

Issued by:

Mark Beer

Registrar

Date of Issue: 10 August 2016

At: 4pm

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