BL-2025-001269 and BL-2024-001337 - [2025] EWHC 2706 (Ch)

In their own application De Beers invoke CPR 40.9:

“40.9

A person who is not a party but who is directly affected by a judgment or order may apply to have the judgment or order set aside or varied.”

There was faint resistance to the application of this from Mr Dale, but in my view De Beers are plainly entitled to invoke it. They propose to enter into a settlement with a receiver who has been restrained from acting as such by an order of this court. They have notice of that order. They are at risk that they would be accused of aiding and abetting a breach of that order and thus in contempt if they entered into the settlement agreement, as CIHL itself avers. They are therefore directly affected by the order and entitled to make their application. I was referred to authority which it was said supported De Beers’ right to apply, but it is unnecessary to set it out here. The relief to which De Beers may be entitled as a result is, of course, a different matter.