International Credit and Investment Company (Overseas) Ltd and Another v Adham and Others
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Judgment Date | 22 January 1997 |
| Date | 22 January 1997 |
Chancery Division
Before Mr Justice Harman
Practice - ordering solicitor to disclose clients - exceptional circumstances
The court's inherent power to order a solicitor to disclose the name and address of his client should be exercised only in exceptional cases but the power was not confined to cases where the disclosure was necessary to make the process of the court effectual.
The jurisdiction could also be used to prevent defendants in complicated international frauds from, in effect, defeating the jurisdiction of the court through shadowy offshore trusts and companies which were designed to make their assets "judgment-proof".
Mr Justice Harman so held in the Chancery Division when granting disclosure on an application by International Credit and Investment Co (Overseas) Ltd and Finance and Investment International Ltd, the plaintiffs, on a motion against Ross Williams, Hitchin, who had appeared as solicitors for the trustees of the Gadsden trust.
Mr Ewan McQuater for the plaintiff applicants; Mr Timothy W E Evans for the solicitors.
MR JUSTICE HARMAN said that the motion was, on the face of it, a most unusual one which sought an order that solicitors disclose the name and addresses of the client by whom they were instructed for the purposes of a hearing before Mr Justice Robert Walker...
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Sharab v Al-Saud
...to rely and which can, in an appropriate case, be decisive: see the decision of the Court of Appeal in International Credit & Investment Company (Overseas) Ltd v Sheikh Kamal Adham [1999] I.L.Pr. 302, as considered and applied by Tugendhat J in Inter-Tel Inc v Ocis Plc [2004] EWHC 2269 ......
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JSC BTA Bank v Solodchenko (Freezing Order) (No 3)
...Harman J granted the application. His judgment is reported only in The Times Law Reports (see International Credit and Investment Co (Overseas) Ltd and another v Adham and others, The Times Law Reports, 10 February 1997), but I have also been supplied with a 34 Harman J described the applic......
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Miley v Flood (no 1)
... ... LYELL V KENNEDY 23 CHD 387 INTERNATIONAL CREDIT & INVESTMENT COMPANY LTD V ADHAM TLR ... One way or another it may be a considerable time before the ... -v-Department of Trade and Industry and Others [1974] 2ALL E. R. 122 ... There Lord Denning M ... Credit and Investment Company (Overseas) Ltd. -v- Adham The Times 10th February 1997 , ... ...
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Linsen Transport International Ltd v Humpuss Sea Transport PTE Ltd
...creditors (see the remarks of Robert Walker J in International Credit and Investment Co (Overseas) Ltd v Another v Adham and Others [1998] BCC 134 (ChD); (vii) The limitation proposed in C Inc, supra [ C Inc PLC v L and another [2001] 2 Lloyd's Rep 459] (that there must be a causal link bet......
