Gibson Dunn Djibouti partner who 'deliberately misled' court to mount fresh challenge to ruling
Partner to further challenge ruling he knowingly submitted incorrectly dated evidence after his appeal was rejected
April 15, 2015 at 10:02 AM
2 minute read
Peter Gray, the suspended Gibson Dunn & Crutcher Djibouti partner found in March to have "deliberately misled" the court, is to escalate his appeal against the decision to the Court of Appeal after a High Court judge denied him permission to challenge the decision yesterday.
Mr Justice Flaux swiftly rejected Gray's appeal yesterday (14 April), denying an application made on Gray's behalf by Fountain Court Chambers counsel Mark Simpson QC.
The appeal came after Flaux ruled last month that Gray had "deliberately misled" the High Court when he submitted incorrectly dated evidence in a 2013 case between the Republic of Djibouti and Abdourahman Boreh, one of the country's wealthiest citizens.
Boreh had been convicted of terrorism for his involvement in a 2009 terrorist attack, in part because of the evidence Gray had submitted.
Gray will now seek to challenge Flaux's decision to deny his appeal in a higher court.
Flaux's original ruling has been considered a "decision of fact", which makes it more difficult to challenge on appeal.
Gray told Legal Week that it was "rare for a judge to give permission to appeal against his own ruling in any case".
He added: "I believe the judge's judgment was wrong and is appealable (unlike many cases concerning findings of fact). As such, notwithstanding his refusal, I am applying for permission to appeal to the Court of Appeal."
In yesterday's hearing an additional costs order was also awarded to Boreh, though a value has yet to be placed on the cost order.
Boreh's lawyers, led by Byrne & Partners' Yvonne Jeffries, are understood to be assessing various costs incurred over the proceedings with a view to putting in a claim in due course.
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