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Saturday, May 28, 2011

Zam, ban, thank you Man!

Zam, ban, thank you Man!

The mysterious case of "Mr Zam", who is a financier, is not an issue engaging Article 8 right to a private life v Article 10 freedom of expression under the European Convention of Human Rights. Rather, the central issue is that "Mr Zam" claims that he is the victim of libels made by "CFW" and "TFW". "Mr Zam" through his lawyers, Farrer & Co LLP, on 3 March 2011, sought an interim injunction in the High Court to prevent further publication of the alleged libels and the anonymised Order was granted by Mr Justice Tugendhat.

Apparently, Mr Justice Tugendhat granted the highly unusual anonymised Order on the "grounds that it would be unfair for him ["Mr Zam"] and his family to suffer speculation about the circumstances that had led them to make use of the powers of the high court".

It has to be said that not only is the ground pathetically weak but also the judge's reason for granting it is pathetic! Given that "Mr Zam" is well aware of the circumstances that led him to make the application how is he personally to suffer speculation? Surely, in relation to the family, the very secrecy of the proceedings invites speculation? In short, the reasons being advanced do not stack up to scrutiny. Could there be a hidden agenda to "Mr Zam's" legal action?

Mr Justice Tugendhat's secret Order made on 3 March 2011 was published on the internet on 4 March 2011 by "TFW" or an agent acting for him. Given that "TFW" is in Rome, and that the jurisdiction of the High Court only extends to the borders of England and Wales, the secret Order has no enforcement power.

Farrer & Co LLP acting for "Mr Zam" applied to the High Court to commit "CFW" to prison for contempt of court. Given that "CFW" lives in Cambridge she is bound by the terms of the secret Order. At a secret hearing on 25 May 2011, Mr Richard Spearman QC (instructed by Farrer & Co LLP) for "Mr Zam" no longer argued for contempt of court proceedings and "told the court that an agreeement had now been reached with the woman". Whatever, it would have been difficult to prove that "CFW" played any part in publication of the secret Order.

By publication of the secret Order it is difficult to see any justification for its continued secrecy.

JOHIM Global Investment Fund PLC

Fund Manager: Charles Martyn-Hemphill

Biography: Charles joined JOHIM from Spencer House Capital Management (SHCM in February 2011) to manage specialist global equity mandates. Charles joined SHCM in 2006 and was CEO from August 2008. Prior to joining SHCM Charles spent 26 years at Morgan Grenfell and Deutsche Asset Management (DEAM). His most recent position there was Managing Director and Head of the Global Select Equity team. During his term at DEAM, Charles also served as Head of the Private Client Division, Head of International Equities for UK pension fund clients and was a Fund Director for a number of the group’s domestic and international clients. Charles serves as a trustee of charitable and family trusts and is the chairman of the board of governors at St. Mary’s School Ascot. He graduated from Oxford with a degree in Modern History.

It is not clear what Charles Martyn-Hemphill's financial status was prior to marrying into money. Could there be a conflict of interest in being both a financier and trustee of a family trust? For example, under Charles Martyn-Hemphill:

"Spencer House posts 75% drop in operating profits

Phil Craig
17 Aug 2009

Spencer House Capital Management, a fund boutique launched by Jacob Rothschild three years ago, suffered a 75% fall in profits in its latest financial year

One of the so-called libels relate to financial irregularity. Another so-called libel relates to an accusation of paedophila.

St Mary's School, Ascot

The allegations relate to Father Dermot. He is presently unavailable at the school. It is alleged that Father Dermot is a friend of Charles Martyn-Hemphill who is Chairman of the school's Board of Governors. According to the school "the accusations are historic". The school confirm that Father Dermot has been the subject of investigation. Apparently, Father Dermot has been cleared to resume at the school after the term holiday. Could it be that Charles Martyn-Hemphill was part of the inquiry? If so, is this not another case of a conflict of interest?

There may or may not be truth to the allegations of financial impropriety, etc, but given that both parties have decided to do their dirty washing in public shouldn't they be properly aired?

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