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30 January 2015 / Dominic Regan
Issue: 7638 / Categories: Features
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Strange but true

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Dominic Regan considers a case that blurred the line between fiction & reality

There has never been a case remotely like it, ever. What follows is true. Islamic Investment Company of the Gulf (Bahamas) Ltd v Symphony Gems NV [2014] EWHC 3777 (Comm), [2014] All ER (D) 222 (Nov) concerned real litigation and remarkably, pretend litigation too.

The claimant obtained summary judgment against the second defendant, RM, for a tad over $10m back in 2002. Not a penny has been paid. The defendant with sublime elegance bobbed and weaved, securing adjournment after adjournment of all enforcement measures. Six years on in 2008 the High Court concluded that the contempt was contumacious and a hefty period of committal was the only medicine that would work.

Enter Mr Andrew Benson, a partner in a law firm. I should say at the outset that there is no suggestion of his antics being motivated by personal gain or profit. The partnership was unaware of his actions.That rather makes his activities even more opaque. I cannot better the summary given by Hamblen J of the audacious steps taken by Benson:

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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