The start of the trial over AWG’s £130m claim against Sir Fraser Morrison has been delayed after the Court of Appeal yesterday (5 December) ordered judge Mr Justice Evans-Lombe to recuse himself.
The defendants had asked Evans-Lombe J to stand down from the case after it emerged that he is friends with an AWG witness. However Evans-Lombe last week refused to recuse himself, prompting the expedited Court of Appeal hearing.
The trial will now start next year, when a new judge has been appointed.
AWG is claiming up to £130m from Sir Fraser over the September 2000 acquisition of construction business Morrison Construction, alleging that he and group operations director Stephen McBrierty fraudulently misrepresented Morrison’s financial state prior to its sale.
Herbert Smith partner Adam Johnson, instructing Maitland Chambers’ Charles Aldous QC and 11 King’s Bench Walk’s Charles Béar QC, is acting for AWG. Dechert litigation partner Andrew Hearn is acting for Sir Fraser, with XXIV Old Buildings’ Lawrence Cohen QC as counsel. Olswang’s David Stewart is instructing Serle Court’s Philip Marshall QC for McBrierty.