March 10, 2020 court of first instance - Orders
Claim No: CFI 021/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) TP ICAP GROUP SERVICES LIMITED
(2) TULLETT PREBON (EUROPE) LIMITED
Claimant/Applicants
and
(1) GMG (DUBAI) LIMITED
(2) OPEYEMI OLAYANJU
Defendants/Respondents
ORDER OF H.E JUSTICE ALI AL MADHANI
PENAL NOTICE
IF YOU (1) GMG (DUBAI) LIMITED OR (2) OPEYEMI OLAYANJU DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED
ANY PERSON WHO KNOWS OF THIS ORDER AND DISOBEYS THIS ORDER OR DOES ANYTHING WHICH HELPS OR PERMITS ANY PERSON TO WHOM THIS ORDER APPLIES TO BREACH THE TERMS OF THIS ORDER MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED
This Order prohibits you from doing the acts set out in paragraphs 1 and 2 of this Order and obliges you to do acts. You should read it all carefully. You are advised to consult a solicitor as soon as possible. You have a right to ask the Court to vary or discharge this Order.
UPON the Application of the Claimants dated 25 February 2020 (CFI-021-2020/2)
AND UPON hearing Counsel for the Claimants and the Defendants at the hearing listed on 3 March 2020
AND UPON the Court reading the witness statement of Mr. Andrew Berry on behalf of the Claimants and the evidence exposed so far in the matter
AND UPON the Court accepting the undertakings in Schedule A to this Order
AND UPON reviewing all the relevant documents
IT IS HEREBY ORDERED THAT:
INJUNCTIONS
1. The First Defendant must not, until judgment at trial before this Court or further order discharging this Order in the meantime, whether directly or indirectly or through any other person acting on its behalf:
a. permit or allow the Second Defendant to carry out work for, or assist in any capacity (whether for reward or otherwise), the business of GMG, whether as an employee, consultant, agent or otherwise howsoever; or
b. induce or encourage the Second Defendant to breach his contract of employment with the First Claimant or to cease working for the First Claimant.
2. The Second Defendant must not, until judgment at trial or further order discharging this Order in the meantime, whether directly or indirectly or through any other person acting on his behalf be employed or engaged or concerned or interested in any capacity in the conduct of GMG’s business, or otherwise assist the business of GMG, whether by undertaking employment with or rendering services thereto, or in any manner taking part in or lending his name, counsel or assistance thereto, whether for reward or otherwise, or otherwise howsoever.
3. Nothing in this Order shall prevent the Second Defendant holding or being interested in listed or unlisted investments representing not more than 3% of any class of securities in any one company, with the prior written consent of the Claimants.
DEFINITIONS
4. For the purposes of the injunctions in this Order, the following definitions will apply:
a. “GMG” means the First Defendant, and/or the First Defendant’s corporate group (the “GMG group”), and/or any associated entity of the GMG group;
b. “Group Company” means the Claimants, their holding companies, any subsidiary of the Claimants or their holding companies, and any associated companies of any of those companies from time to time. For this purpose:
i. a company is a holding company of another if that other company is its direct or indirect subsidiary;
ii. a company is a subsidiary of another if that other company holds a majority of the voting rights in it (including pursuant to an agreement with other shareholders), or is a member of it and has the right to appoint or remove a majority of its board of directors, or if it is a subsidiary of a company which is itself a subsidiary of that other company, or is a subsidiary of a Group Company; and
iii. a company is an associated company of another company if that other company beneficially owns not less than 20% and not more than 50% of its ordinary share capital.
INTERPRETATION
5. Unless otherwise stated, references in this order to ‘the Defendant’ or ‘the Respondent’ mean any or all of them; and this Order is effective against any Defendant on whom it is served or who is given notice of it.
6. A Defendant who is an individual who is ordered not to do something shall not do it himself or in any other way. He shall not do it through others acting on his behalf or on his instructions or with his encouragement.
7. In this Order containing Undertakings the words ‘he’, ‘him’ or ‘his’ include ‘she’ or ‘her’ and ‘it’ or ‘its’.
DIRECTIONS
8. There shall be liberty to apply.
PARTIES OTHER THAN THE APPLICANT AND RESPONDENTS
9. It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of the terms of this Order. Any person doing so may be imprisoned, fined or have their assets seized.
NAME AND ADDRESS OF CLAIMANT’S SOLICITORS
10. The Claimants’ Legal Representatives in the DIFC Courts proceedings are
Eversheds Sutherland (International) LLP Emaar Square – Building 6
Level 8, Unit 803 Burj Khalifa
PO Box 74980
Dubai
United Arab Emirates Tel: +971 4 389 7000
Fax: +971 4 389 7001
E-mail:RebeccaCopley@eversheds-sutherland.com;
SarahAnderson@eversheds-sutherland.com
COMMUNICATION WITH THE COURT
11. All communications with the Court about this Order should be sent to:
Ground Floor, Building 4
Gate District, UAE
Telephone: + 971 4 427 3333
Fax: +971 4 427 3330
Email: registry@difccourts.ae
The Registry is open between 10am to 4pm, Sunday to Thursday (excluding Public Holidays).
COSTS
12. Costs reserved to the Trial Judge.
REASONS
13. Reasons to follow.
Issued by:
Nour Hineidi
Date of Issue: 10 March 2020
At: 11am
