“…iguously exceeds what is permissible in the settlement of hard fought commercial litigation”, applying a test stated by Flaux J in Boreh v Republic of Djibouti [2015] EWHC 769 (Comm), [2015] 3 All ER 577 at [132].…”
“…ppellant. It is common ground that the relevant procedural duty owed by the Bank was a duty not to mislead the court deliberately: Boreh v Republic of Djibouti [2015] EWHC 769 (Comm); [2015] 3 All ER 577, at [224]. But in this case Mr Samek rightly accepts that the failure by the Bank to inform the court that Ilyashev & Partners and the com…”
“…iples. This is done as a deterrent to misuse of the court process. For a discussion of the principles in a commercial context, see Boreh v Republic of Djibouti [2015] EWHC 769 (Comm), [220]-[231] per Flaux J (as he then was).…”