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30 January 2015 / Dominic Regan
Issue: 7638 / Categories: Features
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Strange but true

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Dominic Regan considers a case that blurred the line between fiction & reality

There has never been a case remotely like it, ever. What follows is true. Islamic Investment Company of the Gulf (Bahamas) Ltd v Symphony Gems NV [2014] EWHC 3777 (Comm), [2014] All ER (D) 222 (Nov) concerned real litigation and remarkably, pretend litigation too.

The claimant obtained summary judgment against the second defendant, RM, for a tad over $10m back in 2002. Not a penny has been paid. The defendant with sublime elegance bobbed and weaved, securing adjournment after adjournment of all enforcement measures. Six years on in 2008 the High Court concluded that the contempt was contumacious and a hefty period of committal was the only medicine that would work.

Enter Mr Andrew Benson, a partner in a law firm. I should say at the outset that there is no suggestion of his antics being motivated by personal gain or profit. The partnership was unaware of his actions.That rather makes his activities even more opaque. I cannot better the summary given

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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