THE CITATION OF FALSE AUTHORITIES: THE LEGAL REPRESENTATIVES HAVE A DATE IN COURT ON THE 23rd MAY
I have written several times about the remarkable decision in Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin) where false authorities were presented to the court. I have also written about That case is being considered in court again on the 23rd May. It is being considered alongside the case of Hamad Alharoun -v- (1) Qatar National Bank Q.P.S.C. (2) QNB Capital LLC where similar issues came to light.
THE HAMID JURISDICTION
(R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin))
This case the Court a power to act on its own accord to require a lawyer to attend court to explain their actions if a court feels they may have acted improperly.
THE ORDER IN THIS CASE
This can be found here.
12 May 2025
Case number: CL-2024-000435
In the High Court of Justice
King’s Bench Division
Commercial Court
Between:
Hamad Alharoun
-v-
(1) Qatar National Bank Q.P.S.C.
(2) QNB Capital LLC
Case number: AC-2024-LON-003062
In the High Court of Justice
King’s Bench Division
Administrative Court
Between:
The King
on the application of
Frederick Ayinde
-v-
The London Borough of Hackney
Order by the Rt Hon. Dame Victoria Sharp,
President of the King’s Bench Division
UPON reading the Order of Mr Justice Linden (as Hamid judge) dated 12 May 2025, referring these cases to the President of the King’s Bench Division;
AND UPON reading the Orders of Mrs Justice Dias in CL-2024-000435 and Mr Justice Ritchie in AC-2024-LON-003062, each dated 9 May 2025, referring these matters under the Hamid jurisdiction (R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin));
AND UPON reading the judgment of Mr Justice Ritchie dated 30 April 2025 in AC-2024- LON-003062 (neutral citation [2025] EWHC 1040 (Admin));
IT IS ORDERED as follows:
- A hearing is to be listed before a Divisional Court of the King’s Bench Division at the Royal Courts of Justice, Strand, London, at 10.30am on Friday 23 May 2025, to consider what further steps, if any, the Court should take in relation to:
(a) in CL-2024-000435:
(i) Primus Solicitors;
(ii) Abid Hussain (a solicitor); and
(iii) any other person involved on behalf of the claimant in drafting or reviewing the correspondence and witness statements referred to in the Order of Mrs Justice Dias; and
(b) in AC-2024-LON-003062:
(i) Sarah Forey (a barrister);
(ii) Haringey Law Centre;
(iii) Sunnelah Hussain; and
(iv) any other person involved in the conduct of this claim, or in supervising Ms Hussain, on behalf of Haringey Law Centre.
- The steps which the Court will consider taking include the initiation of proceedings for contempt of court pursuant to CPR 81.6.
3. The individuals and institutions set out at paragraph 1 above are entitled:
(a) to file any written evidence and/or written submissions by 4pm on Wednesday 21 May 2025; and
(b) to attend the hearing:
(i) in the case of individuals, in person or by a legal representative;
(ii) in the case of Primus Solicitors and Haringey Law Centre, by a solicitor employed by the firm or organisation or by a legal representative.
4. A copy of this Order is to be sent by the Court to the Solicitors’ Regulatory Authority and the Bar Standards Board.
REASONS
(1) In CL-2024-000435, it appears from the Order of Mrs Justice Dias that correspondence was sent to the court, and witness statements were filed, citing authorities that do not exist and claiming that other authorities contained passages that they do not contain. In AC-2024-LON-003062, it appears from the Order and judgment of Mr Justice Ritchie that written submissions were filed citing authorities that do not exist.
(2) As Mr Justice Linden observed in his order, these cases raise very serious issues. One such issue is whether the conduct of any of the individuals or organisations set out in paragraph 1 does or may amount to an interference with the due administration of justice in High Court proceedings. That being so, the court is obliged by CPR 81.6(1) of its own initiative to consider whether to proceed against any of them in contempt proceedings.
(3) The individuals and organisations listed in paragraph 1 of this Order are invited to consider taking legal advice before filing any response pursuant to paragraph 3(a) of this Order.
12 May 2025
BY THE COURT