Wallace wins Dadourian trial and enjoys another Court of Appeal success

December 2006

Following a six week trial which took place in March and April 2006 Mr Justice Warren handed down his judgment in favour of the claimant, Dadourian Group International (DGI), at the end of November. Wallace, led by Simon Serota, acted for DGI. 

The judge found in favour of DGI and held that Jack and Helga Dadourian and Paul Simms had all been guilty of fraudulent misrepresentation. The level of damages has yet to be fixed but is expected to be in excess of US$2 million. The current case was commenced by DGI in 2004 to recover damages arising out of earlier arbitration proceedings and the High Court judgment follows litigation in which DGI has been involved for more than 7 years. The full text of the High Court judgment which runs to more than 200 pages is available here.

The Court of Appeal

Wallace acted for DGI in its successful opposition to an appeal brought by Jack and Helga Dadourian against the permission given by Mr Justice Warren to use in contempt proceedings materials obtained during the course of their cross examination.

The Court of Appeal considered the approach to be taken by the court in permitting materials obtained for one purpose being used in contempt proceedings and the extent to which the right against self incrimination was relevant. The full judgment can be viewed here. 

This is the second case won by DGI in this litigation in the Court of Appeal. Earlier this year DGI successfully opposed another appeal by Jack and Helga Dadourian in which the Court of Appeal laid down guidelines for permitting enforcement of freezing orders in other jurisdictions, which the court called the 'Dadourian Guidelines' and which attracted widespread discussion and news coverage. Click here to view the guidelines.