Limited Permission To Appeal Granted In Respect Of A Decision Granting Permission To Bring A Counterclaim Challenging An Earlier Judgment (Ras Al Khaimah Investment Authority v Azima And Ors)

• Published date: 30 November 2022
• Law Firm: Gatehouse Chambers
• Author: Mr Phillip Patterson

Dispute Resolution analysis: Mr Justice Michael Green has given limited permission to appeal his judgment of 1 November 2022 in which he permitted the Defendant to add an additional counterclaim seeking to set aside an earlier judgment on the basis of fraud.

Ras Al Khaimah Investment Authority v Azima and ors [2022] EWHC 2980 (Ch)

What are the practical implications of this case?

Although the parties agreed that this appeal would not disrupt the case management directions applicable in this case and would not jeopardise the trial listed for May 2024, it adds a further layer to what is already a strikingly protracted piece of litigation. It provides an opportunity for the Court of Appeal to consider what it had intended when remitting a matter back to the lower Court. In particular, whether the Court of Appeal had sought to prevent a an earlier judgment from being challenged on any basis or whether there remained a residual power to apply to set it aside on the basis of fraud. The Court of Appeal is likely to offer useful guidance on this particular aspect of the law on abuse of process...