Arnold J has ordered a listing appointment for the re-trial in this action that was directed by the Court of Appeal last June, following its criticisms of the judgment of Peter Smith J which followed the original trial.
He did so despite Mrs Harb being in breach of the Court of Appeal's order that she make an interim payment on account of costs of £250,000. Mrs Harb claimed that she did not have the money to make that payment, a claim which the judge accepted. Arnold J has given permission to the Prince to appeal his decision to the Court of Appeal, recognising that the issues before him raised points of principle about compliance with court orders and Article 6(1). The Prince seeks an order striking out or staying the action in the absence of payment.
The full judgment can be read here.Ian Mill QC and Shaheed Fatima QC acted for the Prince.