Thursday 15th July 2021
The Appellant who was the Defendant in the court below, appeals the order Mr Justice Waksman, sitting as High Court Judge, dated 21 January 2021, by which he dismissed the application made on 7 December 2020 to discharge of an order of Mr Justice Waksman made on 31 January 2020 to restrain the Applicant from leaving the jurisdiction pending the on going litigation between the parties.
The Applicant (`Mr Su’) has a judgement against him (in favour of the First Claimant/Respondent (`Lakatamia’)) for US$60m. Lakatama has been attempting unsuccessfully to satisfy that judgment since 2018. Mr Su was abroad when the judgment was entered against him. He arrived in the UK on 10 January 2019 with leave to remain for 90 days. He was restrained from leaving the jurisdiction pursuant to an Order of Popplewell J dated 29 January 2018 but, in any event, when that leave to remain expired on 10 April 2019, he has in prison serving a term of imprisonment for contempt. Mr Su is the subject of a bankruptcy Order in the UK.
The instant appeal concerns injunctive relief obtained by Lakatamia in support of the enforcement proceedings in general, and the second means examination in particular. On 30 January 2020, Waksman J made the Order providing for the second means examination. By paragraphs 11 and 12 of that Order he restrained Mr Su from leaving the jurisdiction pending that examination, and imposing reporting requirements. At the date of that Order, Mr Su was still in prison serving the first of his terms for contempt. He became the subject of the restraints and conditions imposed by paragraphs 11 and 12 of it only when he was released on 9 April 2020. He eventually applied for the Order to be discharged.