Gibson Dunn & Crutcher referred itself to the Solicitors Regulation Authority last week [6 March] after it was alleged that disputes partner Peter Gray submitted incorrectly dated documents to the UK courts in a case between the Djibouti government and one of its wealthiest citizens Abdourahman Boreh.
The Gibson Dunn partner admitted before Mr Justice Flaux that incorrect information was presented to the UK court that appeared to implicate businessman Boreh in a 2009 grenade attack. As a result, the Gibson Dunn partner could face potential disbarment and possible criminal charges if the UK courts find that he deliberately failed to inform the courts of the error. The court heard from Gibson Dunn that there had been an error made in good faith in not including correctly dated documents in its submissions.
Dubai-based Gray was instructed by the Djibouti government back in 2009 in its case against businessman Boreh, over alleged tax avoidance and his apparent role in a terrorist attack in the African nation. But recent evidence showed that transcripts and phone calls, which previously alleged that Boreh was involved in a grenade attack on a supermarket in Djibouti City, were incorrectly dated and therefore could not implicate Boreh in the incident.
A judgment in the case concerning a freezing order on some of Boreh’s assets is set to be handed down at the end of the month but is also expected to address Gray’s activities.
The firm officially apologised to the High Court for misleading it, with Gibson Dunn partner Lord Falconer – who, alongside partner Philip Rocher, replaced Gray as lead counsel on the case – also apologising to Boreh and the court on behalf of the firm’s client, the Republic of Djibouti, for the error.
A spokesperson for Gibson Dunn said: ‘Gibson Dunn is a firm that holds itself to the highest standards of integrity and professional and ethical standards in the discharge of duties to our clients and the court. We are carefully evaluating the evidence presented at the hearing in relation to the conduct of our Dubai partner, Peter Gray, and our barrister presented the firm’s position on these matters before the High Court last Thursday. We are not able to comment further pending the court’s decision.’
Fountain Court Chambers’ Mark Simpson QC, Nico Leslie and James Hart, represented Gray, and Gibson Dunn instructed Fountain Court Chambers’ Timothy Dutton QC.
Representing the claimant – the Republic of Djibouti – was Gibson Dunn’s Lord Falconer, who instructed Fountain Court Chambers’ Deepak Nambisan and Daniel Edmonds, and Serle Court’s Jennifer Haywood.
Byrne and Partners’ Yvonne Jeffries instructed 7KBW’s Dominic Kendrick QC and Keir Howie, and Essex Court Chambers’ James Willan, in representing the defendant Boreh.
jaishree.kalia@legalease.co.uk