Monday, August 02, 2021
By
Murtaza Ali Shah

UK court orders NAB to pay around £920,000 to Broadsheet LLC or face action

By
Murtaza Ali Shah
|

  • London High Court orders NAB to pay 3 separate amounts to the Broadsheet LLC by August 13.
  • Court says if not paid by Aug 13, United National Bank's UK branch will be compelled to transfer the sums to Broadsheet’s lawyers by August 17.
  • Refuses Broadsheet’s plea for exempting interest payment of £33,646.


LONDON: The London High Court has ordered the National Accountability Bureau (NAB) to pay three separate amounts to the Broadsheet LLC by 13 August or else the United National Bank’s London branch will be forced to make payments to the Broadsheet LLC.

After hearing an application brought by the Broadsheet LLC against the Government of Pakistan/NAB, Master Davison issued an order asking the NAB to pay three amounts of £892,521.50 ($1.222,037.90), £110, and additional costs of £26,296.80 to the Broadsheet LLC.

Master Davison, who granted the Interim Order to Broadsheet’s lawyers, ordered that these funds are to be paid to NAB’s lawyers Allen & Overy's account by August 10 and then released to the Broadsheet’s account by August 13.

Davison said in his order that if either of these payments is not made within the prescribed period (i.e. August 13) the Interim Order will become final and United National Bank will then be compelled to transfer the secured sum to Broadsheet’s lawyers by August 17.

The Broadsheet’s lawyers had approached the court seeking £33,646.84 in interest but the court didn’t grant this sum to the Broadsheet. The court, however, awarded additional costs of £26,296.80 inclusive of Value Added Tax (VAT) to the Broadsheet.

During the hearing, NAB’s lawyers attempted to argue that the application had been brought prematurely but the Master dismissed that argument and was critical of both the NAB and its lawyers’ failure to properly engage with the proceedings.

The Broadsheet and the NAB went back to the London High Court after failing to agree on the issue of costs and interests related to the payment of the remaining US$ 1,222,037.90 (£892,521.50), the interest of £33,646.84, and costs of £35,000. 

The Pakistan government lawyers at the Allen & Overy had told Broadsheet and its CEO Kaveh Moussavi that it agrees to pay the sums of US$ 1,222,037.90 and GBP 110 but will not pay the interest of £33,646.84 and costs of £35,000.

After months of litigation and delays, the Pakistan government's lawyer last week said ahead of the court hearing that they have the approval from the NAB to pay US$ 1,222,037.90 but the discussions and approvals or otherwise on the remaining demands could take time.

The Broadsheet LLC was hired by Pakistan more than two decades ago to trace assets belonging to former prime minister Nawaz Sharif and his family members, as well as several other politicians and businessmen including Asif Ali Zardari and Benazir Bhutto.

Pakistan broke the contract in violation of the agreement it had signed and the case has so far cost Pakistan close to $65 million in legal fees and awards after Kaveh Moussavi, who beneficially owns Broadsheet, brought the case before sole arbitrator Sir Anthony Evans QC under the rules of the Chartered Institute of Arbitrators. 

The arbitration judge found that Pakistan had conspired to criminally defraud Broadsheet Isle of Man. The Broadsheet LLC’s lawyers convinced London High Court to seize Pakistan’s assets at United Bank Limited (UBL) in December 2020. Since then Broadsheet has made further claims over the remaining sums, interests, and costs.

The Broadsheet controversy raged for several months after Pakistan lost the case and then several scandalous stories involving Kaveh Moussavi, Germany based Anjum Dar, Shahzad Akbar, The Daily Mail reporter David Rose, Dr Pucks and Zafar Ali QC made rounds. 

Kaveh Moussavi had alleged that Anjum Dar wanted a cut if he could get the payment made from Pakistan. Evidence showed that Anjum Dar held two meetings with Kaveh Moussavi in Germany and UK and sought commission on the promise that he will use his contacts in the PML government to get the monies of Broadsheet cleared.