Business
Court of Appeal publishes judgment
Court of Appeal publishes judgment.
About this update from Rome Resources Plc
[{"type":"text","content":"\n \nRNS Number : 6173E Pathfinder Minerals Plc 14 May 2013 \n\nEmbargoed: 0700hrs, 14 May 2013\n \nPathfinder Minerals Plc(\"Pathfinder\" or the \"Company\")\nUpdate on English appeal process:\nCourt of Appeal publishes judgment dismissing permission to appeal application\n \nOn 22 April 2013 Pathfinder announced that the English Court of Appeal had that day dismissed the application of General Veloso, his company, JV Consultores Internacionais, Limitada, and Diogo Cavaco (the \"Defendants\") for permission to appeal against the judgment of the English High Court given on 19 October 2012 in the Company's favour (the \"Application\"). The Court of Appeal published its approved judgment on the Application (the \"Judgment\") yesterday, a copy of which is available for viewing within the Investor Relations/Presentations section of the Company's website www.pathfinderminerals.com.\n \nThe judgment\nGiving the leading judgment in the Court of Appeal, with which Lord Justices Leveson and Beatson agreed, Lady Justice Gloster said that \"there is no doubt that the [Application] should be dismissed\". She referred to the Defendants' failure to comply with the order for security for costs made on 25 March 2013 and their deliberate breaches of previous orders of the English court, finding that the Defendants'conduct amounted to \"a cynical abuse of [the] court's process\". Amongst other reasons given for dismissing the application, Lady Justice Gloster also referred to the matter being \"a clear case where the relevant agreements relating to the sale of shares are governed by English law and are subject to an English jurisdiction clause or clauses\" and noted that the Defendants \"have persistently disregarded their contractual obligations in this regard.\"\nLady Justice Gloster also stated that she had \"seen nothing in the Defendants' grounds of appeal, or in the written arguments, that provide[d] any basis whatsoever for disturbing the conclusions reached by [the High Court]\" and considered the Defendants' grounds of appeal to be \"wholly devoid of merit\".\nLady Justice Gloster added that \"if the application...had been allowed to proceed it would have brought the administration of justice into disrepute.\" At the hearing itself Lord Justice Leveson had also expressed concern \"that [the Defendan...