Gulf Azov Shipping Company Ltd & Another v Chief Humphrey Irikefe Idisi & Others

This transcript records a procedural directions order made before the substantive appeal. Permission was granted to appeal both the refusal to set aside a default judgment and the order for summary judgment. The court also controlled security for costs, the admission of fresh evidence, compliance with a consent order, contempt consequences, service of documents and listing. It contains no substantive determination of the underlying dispute and establishes no wider legal test.

The appellants sought permission to appeal against decisions refusing to set aside a default judgment and ordering summary judgment in favour of the respondents. Before the substantive appeal, the Court of Appeal considered interim directions concerning security for costs, fresh evidence, compliance with a proposed consent order and the preparation of the appeal.

The transcript records the procedural orders made by Lord Justice Brooke on behalf of the court. It does not set out the lower court’s citation or determine the merits of either appeal.

1. Permission to appeal. Permission was granted for both the appeal against refusal to set aside the default judgment and the appeal against the order for summary judgment.
2. Security for costs. The defendants were directed to provide security in the terms of the Deutsche Bank guarantee signed on 5 February 2001. The original guarantee was to be lodged with the court pending further order.
3. Fresh evidence. The parties were permitted to adduce the fresh evidence identified in the directions, up to and including the twentieth witness statement of Jonathan Rosshandler.
4. Conditional procedural order. Unless the defendants executed and served the specified document, retitled Terms of Consent Order, they would remain in contempt of court and would not be heard on the following day’s appeal hearing.
5. Further directions. No formal directions were required otherwise. The appeal was listed to begin no earlier than 10.15 am the following day. The defendants’ solicitors were directed to serve the signed judgment of Master Miller, the notice of appeal and the supporting skeleton argument. Service could be effected through the solicitors acting for the claimants in Nigeria; personal service of the original document in London was unnecessary.

The transcript records no final decision on the merits, costs or disposition of the substantive appeals.

• Court of Appeal (Civil Division): Permission to appeal was granted against the refusal to set aside the default judgment and the order for summary judgment. The court then made directions for the substantive hearing.