Select Committee on Appeal Fifth Report


FIFTH REPORT

from the Appeal Committee


21 November 2002




ORDERED TO REPORT

DONOHUE (RESPONDENT) V. ARMCO INC AND OTHERS (APPELLANTS)
  1. The Committee have met and have considered the petition of Roger Thomas Donohue praying that the judgment of the House of 13th December last might be amended.

RECOMMENDATION

  1. The Committee recommend that the petition be allowed; that the judgment be amended so as to be given in the following terms, agreed by the petitioner and Armco:
    1. That the Order of the Court of Appeal of 29th March 2000 be set aside and that the Order of Mr Justice Aikens of 15th July 1999 be restored, save as to costs (save that paragraph 4 of that order be amended so as to read "The balance of the action be dismissed save for the claim by the Claimant for damages as against (i) the Second and Third Defendants and (ii) the First Defendant in respect of claims asserted by it pursuant to causes of action vested in it as the successor to Armco Financial Services Europe Limited ("AFSEL") (but not causes of action to which the First Defendant is entitled otherwise than as successor to AFSEL)" on the giving by the appellants of an undertaking in the following terms "That they undertake not to enforce against Mr Donohue, Wingfield or CISHL any multiple or punitive damages awarded in the New York proceedings whether awarded pursuant to the RICO statute or common law". For the avoidance of doubt, the above undertaking (i) shall not restrict the Armco companies from seeking to enforce any award made in the New York proceedings for damages which are not multiple or punitive; (ii) shall relate only to enforcement; (iii) as against any defendant in the New York proceedings other than Mr Donohue, Wingfield or CISHL, shall have no effect whatsoever in respect of the Armco companies pursuing or enforcing any claim or award in the New York proceedings whether for multiple or punitive damages or otherwise; that the appellants do abide by that undertaking; and that the question of costs be adjourned sine die.
  2. and that there be no order as to costs on this petition.



 
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