International firm Dechert has appeared in two different London courts this week in hearings concerning two separate claims involving alleged wrong-doing.
In a pre-trial review at the Rolls Building, Mr Justice Waksman gave conditions on the skeleton arguments – which must be in 12-point type and include no footnotes – in a trial where parties have submitted schedules totalling between 1,200 and 1,500 documents. He ruled that Dechert may submit a 50-page skeleton while the opposing party Eurasian Natural Resources Corporation (ENRC) may submit 80 pages – more than three times the normally accepted length.
Mining company ENRC is suing Dechert and its former head of white-collar crime Neil Gerrard for negligence. It also accused the Serious Fraud Office of breaches of duty including misfeasance in public office, a claim dismissed by the court last year.
An eight-day trial, which is listed to begin in March, will determine loss and causation and is the latest court appearance for Dechert in a series of long-running legal fight.
In ENRC v Dechert and Ors, the court heard that Dechert had accepted liability, and that some £8.9million was still due to ENRC despite 'Dechert’s desire to pay'. Waksman said: 'Dechert accepted what was found by way of causation…Dechert had to take it on the chin whatever way the loss and cause claim was expresssed.’
The judge observed: ‘In somes ways this is not a usual trial, extensive documents and references have already been given. In addition to that, there are references to my earlier judgment. [There is] no evidence in this trial [but a] series of admissions.’
On the same day, Dechert also appeared at a separate case management hearing at the Royal Courts of Justice. Sitting before Mr Justice Murray, the court heard that the claimants in the proceedings – Jordanian lawyers Karam Al Sadeq, and Jihad Abdul Quzmar and Stokoe Partnership Solicitors – had previously agreed voluntarily to provide security for defence costs.
Sadeq and Quzmar, who are currently in prison in the UAE, are suing Dechert claiming torture, illegal abduction, and being denied proper legal representation. Both argue that Dechert and Gerrard committed ‘serious wrongs’ against them while acting for the emirate Ras Al-Khaimah. Gerrard is now represented separately.
The case management conference heard an application for security costs and application for disclosure in relation to three devices including a laptop, hard drive and encrypted portable drive, delivered to Stokoe. It was proposed that external data analysts would extract data from the devices using keywords and a third party not associated with proceedings to go through the resulting documents before Stokoe’s lawyers receive them.
The defendants have previously denied ‘in the strongest possible terms’ that they committed any unlawful acts.
The trial, which had been listed to begin in April 2023, has not yet been re-listed. The defendants argue a new date cannot be listed until a judgment by Mr Justice Murray is handed down on issues of privilege from a previous hearing.
Murray reserved judgment.