Permission Given To Challenge A Judgment Allegedly Procured Through Pervasive Fraud And Dishonesty (Ras Al Khaimah Investment Authority v Azima And Ors)

• Published date: 11 November 2022
• Law Firm: Gatehouse Chambers
• Author: Mr Phillip Patterson

Dispute Resolution analysis: The High Court has given permission to bring a counterclaim challenging an earlier judgment following trial procured through pervasive fraud and dishonesty. Protracted litigation involving cross allegations of fraudulent misrepresentation, hacking and dishonesty has now been expanded.

Ras Al Khaimah Investment Authority v Azima and ors [2022] EWHC 2727 (Ch)

What are the practical implications of this case?

This decision expands the scope of what is already a protracted piece of litigation involving the Sovereign Wealth Fund of Ras Al Khaimah. Permission has now been giving to the Defendant, Mr Azima, to bring a new counterclaim, alleging that an earlier judgment following trial should be set aside on the basis that the witnesses for the Sovereign Wealth Fund committed a pervasive fraud on the Court itself. This is already a set of proceedings in which allegations of fraudulent misrepresentation and hacking were at issue. The Judgment also offers guidance on two relatively unusual issues. First, the relevant test for setting aside a judgment on the grounds of fraud. The decision in Takhar v Gracefield Developments Limited [2020] A.C. 450 was applied. Second, it analyses the scope of the...