Tuesday 7 – Thursday 9 March 2023
The matters under appeal are paragraphs 1 and 2 of the Order of Mr Justice Michael Green, sitting as a High Court Judge, dated 7 November 2022.
Dechert LLP appeals by Appellant’s Notice filed on 29 November 2022.
Mr James Buchannan appeals by Appellant’s Notice filed on 29 November 2022.
Mr David Gerrard appeals by Appellant’s Notice filed on 5 December 2022.
These parties have been in litigation since 2016 This latest appeal arises as a result of a further application by Mr Azima to bring an additional counterclaim in which his cause of action is to have the First Judgment set aside on the grounds that it was procured by fraud. He says that he has discovered more evidence which he says shows that a pervasive fraud was perpetrated on the Court at the original trial by or on behalf of RAKIA and that he therefore satisfies the test for permission, namely that there is a real prospect of establishing the conditions necessary to have the judgment set aside. RAKIA is no longer participating in the proceedings and the proposed new counterclaim is therefore unopposed by them. However, Michael Green J gave permission in July 2021 for Mr Azima to join four Additional Defendants to the proceedings. They oppose the counterclaim and appeal the decision granting Mr Azima permission under CPR 20.4(2)(b) to bring the additional counterclaim against RAKIA.