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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Seer Technologies Inc & Ors v Abbas  EWCA Civ 2060 (20 December 2001)
Cite as:  EWCA Civ 2060
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION (ADMINISTRATIVE COURT)
(MR JUSTICE JACOB)
London WC2A 2LL
Thursday 20 December 2001
B e f o r e :
|1. SEER TECHNOLOGIES INC|
|2. SEER TECHNOLOGIES (UK) LIMITED|
|3. LEVEL 8 SYSTEMS (UK) LIMITED||Claimants/Respondents|
|- v -|
|SAADI KAMIL ABBAS||Defendant/Applicant|
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent did not attend and was not represented.
Crown Copyright ©
"Pursuant to the orders herein dated 8 May 2001 all causes of action advanced by Mr Abbas in his counterclaims and in the enquiry as to damages ordered on 10 July 1998 be struck out and dismissed save that Mr Abbas should have judgment pursuant to admissions for various sums making a total of £135,350.39."
"My claim which was dismissed was an old claim that had already been accepted as a valid claim by the court. A trial date had been set for November 2001."
"By striking out my claim and awarding costs against me has in effect taken away my livelihood.
Therefore the decision by Mr Justice Jacob was unfair and I did not get any justice. The decision is contrary to my rights under various Articles of the Human Rights Act 1998."
"My skeleton argument will show together with the transcript of 23 and 24 July 2001 that the judge was completely and utterly biased against me. He did not act impartially."
"This case is very complex and has already been on numerous occasions in the Court of Appeal. On one occasion I wrote to and received confirmation from Lord Gibson that fraud and criminal actions by the other side were perpetrated. These issues have not been resolved partly because of my health."
"On 2 August 2001 I have been given clearance from my heart specialist that I am now fully recovered and can now concentrate fully on matters before the court and defend my right for justice."
"He [Mr Abbas] is not fit to attend Court in this state of health and he is unlikely to be in a better state in November 2001. I feel adamantly that the effect of attending a Court would be very detrimental to his health. The prognosis is very uncertain and even with continued drug treatment, he is unlikely to be more stable than he currently is."
"At the same time enquiries were made of Mr Abbas' medical condition [that is to say, at the beginning of May 2001]. I had asked that there be a full medical report. No full medical report was ever sent, but Mr Abbas did send a letter from his GP [that is a reference to the letter of 16 May]. She reiterated that Mr Abbas was suffering from a recurring condition, and was not really fit to conduct the trial, and was unlikely to be able to conduct the trial. No further information has been given by Mr Abbas as to his medical condition, notwithstanding a request both before and after May. Today I was told that he has an appointment to see a specialist again in early August. But Mr Abbas said he was in a position to conduct the trial.
I certainly do not have medical evidence that Mr Abbas was not in a position to comply with the court order of 8 May, or any of the earlier court orders. Some of the matters required did not require him to do things himself."
"[His medical condition] had nothing whatever to do with the court order of 8 May, and indeed before then, to now, having regard to the condition I saw him in today, appears to me to be nonsense. I can only attribute his behaviour to be deliberate non-compliance."
"According to Mr Cohen, Seer were willing to settle the matter, recognising they had wrongly taken a freezing order, recognising that they had wrongly dismissed him without notice, and were willing to pay him a considerable sum and all his legal costs, but Mr Abbas was not remotely satisfied with that offer."
"I mean you may or may not make bankrupt. You have been open about it, you have said well, if this is the end of it today, you take the money in court and call it quits and that is the end of it."