Protech Projects Construction (Pty) Ltd. v Mohammed Abdulmohsin Al-Kharafi & Sons for General Trading, General Contracting and Industrial Structures WLL, Court of Appeal - Commercial Court, October 14, 2005, [2005] EWHC 2165 (Comm)

Reporting Judge: [2005] EWHC 2165 (Comm)

President: Protech Projects Construction (Pty) Ltd. v Mohammed Abdulmohsin Al-Kharafi & Sons for General Trading, General Contracting and Industrial Structures WLL

Linked as:

Extract

Neutral Citation Number: [2005] EWHC 2165 (Comm)

Case No: 2004 FOLIO 828 and 2005 FOLIO 438

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

COMMERCIAL COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 14/10/2005

Before :

THE HONOURABLE MR JUSTICE LANGLEY

- - - - - - - - - - - - - - - - - - - - -

Between :

- - - - - - - - - - - - - - - - - - - - -

Mr L. Kuschke (instructed by Carter Lemon Camerons) for Protech

Mr C. Reese QC (instructed by Beachcroft Wansbroughs) for Al-Kharafi

Hearing dates: 5th - 7th October 2005

- - - - - - - - - - - - - - - - - - - - -

Judgment

The Hon. Mr Justice Langley :

Introduction

1. These two claims concern the same parties. I shall refer, as the parties have done, to ``Protech'' (a South African company now in liquidation after changing its name to ``Big Dig'') and ``Kharafi'' (a Kuwaiti company).

2. In 2004 Folio 828 Cooke J made an Order on 8 October 2004 under section 66 of the Arbitration Act 1996 giving Protech permission to enforce as a judgment three arbitral awards, dated 10 February, 9 July and 30 August 2004, given by Mr Brian Eggleston in an ICC arbitration between the parties held in London. On 13 October 2004, Cooke J also made charging orders over certain shares in Costain Group Plc held by Kharafi through nominees. Kharafi now applies by a notice dated 15 February 2005 to set aside the charging orders and for an order that the awards not be enforced until further order.

3. In 2005 Folio 438 Khara...

See the full content of this document