Gibson, Dunn & Crutcher partner Peter Gray was found to have deliberately misled the High Court regarding evidence presented in a case between the Republic of Djibouti and Abdourahman Boreh, one of the African country’s wealthiest citizens.
In a ruling handed down last month, Justice Flaux said: ‘I find that Mr Gray engaged in a strategy of equivocation and evasion which was not one which any reputable and honest solicitor could ever have adopted and the concept of “acceptable evasion” is clearly anathema to the standards of professional conduct to be expected of an officer of the court.’
Gibson Dunn referred itself to the Solicitors Regulation Authority after the allegations initially emerged concerning disputes partner Gray. The ruling means he could face potential disbarment and possible criminal charges, but it makes clear that the allegations of misconduct were levelled at Gray specifically and not Gibson Dunn as a firm.
Dubai-based Gray was instructed by the Djibouti government in 2009 in its case against Boreh over alleged tax avoidance and a claimed role in a terrorist attack. But recent evidence showed that transcripts, which previously alleged that Boreh was involved in a grenade attack, were incorrectly dated and therefore could not implicate him.
The firm officially apologised to the High Court for misleading it, with partner Lord Falconer also apologising to Boreh and the court on behalf of the firm’s client for the error.
A spokesperson for Gibson Dunn said: ‘As a law firm, we place the highest value on ethical conduct, including honesty, integrity and candour. We are very disappointed that the conduct of our Dubai-based partner, Peter Gray, fell far below the standard the court rightly expects of all counsel. We have apologised to the court for these shortcomings. The firm had already suspended Mr Gray pending further inquiry.’
‘Mr Gray engaged in a strategy of equivocation and evasion which was not one which any reputable and honest solicitor could ever have adopted.’
The spokesperson added: ‘It is important to note that the allegations of misleading the court were made only against Mr Gray and not against any other partners or employees of the firm. We will continue to represent the government of Djibouti in pursuing its claims in this matter.’
Fountain Court Chambers’ Mark Simpson QC, Nico Leslie and James Hart represented Gray, while Gibson Dunn instructed Fountain Court Chambers’ Timothy Dutton QC.
Representing the claimant – the Republic of Djibouti – was Lord Falconer, who instructed Fountain Court Chambers’ Deepak Nambisan and Daniel Edmonds, and Serle Court’s Jennifer Haywood.
Byrne and Partners’ Yvonne Jefferies instructed 7KBW’s Dominic Kendrick QC and Keir Howie, and Essex Court Chambers’ James Willan, in representing the defendant Boreh.
sarah.downey@legalease.co.uk