Commercial Bank of Dubai PSC & Ors. v Abdalla Juma Majid Al Sarl & Ors.
[2023] EWHC 1484 (Comm)
Hulley Enterprises Limited & Ors The Russian Federation
5 May 2023
[2023] EWHC 1129 (Comm)
High Court
Russia failed to provide evidence in a court case, claiming sanctions made it hard to get lawyers and experts. The judge gave them more time, but warned that if they still didn't provide the evidence, they wouldn't be allowed to use any evidence at all in the trial.
Key Facts
- •Default order application regarding witness and expert evidence filing by the Russian Federation (defendant).
- •Enforcement proceedings related to a substantial arbitral award.
- •Preliminary jurisdictional issues to be tried (Dutch judgments precluding re-arguing submission to arbitration).
- •Defendant's non-compliance with court directions due to claimed difficulties in obtaining legal representation because of sanctions.
- •Claimant argues numerous English-qualified solicitors in Russia or UK firms could act for the defendant.
- •Defendant's letter offering generalized explanations for non-compliance, citing sanctions and difficulties in obtaining a Dutch law expert.
- •Trial date set for October 3, 2023.
Legal Principles
Principles relating to the grant of unless orders.
CPR 32.10
Unless orders are a last resort in procedural control, requiring identified purpose and proportionality.
Implicit in the judge's reasoning.
Outcomes
Order extending deadline for filing evidence to June 2, 2023.
To balance the claimant's need for timely evidence and the defendant's claimed difficulties, but recognizing the defendant's history of non-compliance.
Unless order: if the June 2 deadline is not met, the defendant will be debarred from filing evidence.
Necessary to maintain court control, prevent trial adjournment, and avoid the risk of late-filed evidence disrupting the trial. The court found the defendant's explanations inadequate and that other options would not adequately control the litigation.