Skip to Content

CFI 020/2014 GFH Capital Limited v David Lawrence Haigh

CFI 020/2014 GFH Capital Limited v David Lawrence Haigh

March 14, 2017

image_pdfimage_print

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 WITH REASONS OF JUSTICE SIR JEREMY COOKE


UPON reviewing the Defendant’s Appeal Notice dated 9 March 2017 seeking permission to appeal against the Order of the Court of Appeal dated 28 February 2017 (incorrectly referenced as (i) the Order of Chief Justice Michael Hwang; and (ii) dated 28 March 2017 in the appeal notice) and the supporting documents

AND UPON reviewing Part 44 of the Rules of the DIFC Courts (“RDC”)

AND UPON reviewing the documents recorded on the Court file

IT IS HEREBY ORDERED THAT:

1. Permission to appeal the Order of the Court of Appeal dated 28 February 2017 is refused.

2. Permission to re-open the appeals heard on 18 September 2016 is refused.

Issued by:

Maha Al Mehairi

Judicial Officer

Date of Issue: 14 March 2017

At: 9am

REASONS:

1.There is no basis under the law of the DIFC for any appeal from the decision of 28 February 2017 by the full Court of Appeal arising from the hearing before that Court on 18 September 2016.

2. Under RDC 44.179:

“44.179 The Court of Appeal or the Court of First Instance will not re-open a final determination of any appeal unless:

(1) It is necessary to do so in order to avoid real injustice;

(2) The circumstances are exceptional and make it appropriate to reopen the appeal and;

(3) There is no alternative effective remedy.”

3. The criteria set out in RDC 44.179 are not met in the present case. The Court took full account of:

(a) the past history of the proceedings;

(b) the evidence adduced of the Defendant’s mental and physical condition;

(c) the fact that the Defendant had filed three applications dated 11 September 2016;

(d) the contents of those applications including the application for an adjournment on the grounds of his imminent hospitalisation;

(e) the assistance given to the Defendant by Keystone Law and the Defendant’s use of them in “gaming the system”;

(f) the need to balance the need to give the Defendant a fair opportunity to be heard and the need for a resolution of the matter within a reasonable time, given the delay in the Defendant making submissions since the start of 2016;

(g) the opportunity given to the Defendant to respond in writing to the oral submissions of the Claimant within 2 weeks of receipt of the documents delivered to him and Keystone Law, as per the letter of the Registrar dated 20 September 2016; and

(h) the merits of the arguments raised by the Defendant.

4. At paragraph 71 of the Reasons for the Order dated 28 February 2017, the Court of Appeal set out the need to show that the integrity of the earlier litigation process had been undermined and that real injustice had taken place. Nothing that the Defendant has put forward in his appeal notice suggests that this has occurred. The Court took full account of the submissions made to it by the Defendant and the opportunities available to him in making the orders it did.

5. There is nothing in the Defendant’s latest or earlier submissions to suggest that there were any submissions he could have made on the substance of the orders that were made nor evidence that he could have adduced that would have made any difference to the conclusions reached by the Court.

6. In the circumstances, there is nothing to suggest that the ultimate conclusions reached on his appeals were unjust and there exist no exceptional circumstances that mean that he should be permitted to re-open the appeal.

X

Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.
X

Disclaimer

The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.