Dadourian Group International Inc v Simms, Dadourian and Dadourian
[2009] EWCA Civ 169
The judgment of the Court of Appeal in the long running Dadourian litigation is of cardinal importance in three areas (i) the exercise of the Court of Appeal’s discretion to strike out an appeal - CPR Part 52.9 (paragraphs 211-236); (ii) the exercise of discretion to discharge freezing orders for material non-disclosure and on the basis of causes of action which all failed at trial (167-210); and (iii) the parameters for causation in deceit - Smith New Court Securities Ltd v Citibank NA (1997) AC 254 HL at 109-148.
Applying the principles of Article 6, Arrow Nominees Inc v Blackledge [2000] 2 BCLC 167 and Universal Thermosensors Ltd v Hibben [1992] 1 WLR 840, the Court of Appeal dismissed the Respondent’s application to strike out the notices of appeal under Part 52.9. This was the first occasion when the Court considered an application to strike out an appeal on the grounds of Arrow Nominees.
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