Gibson Dunn & Crutcher has reported itself to the Solicitors Regulation Authority (SRA) over allegations that partner Peter Gray misled a court through knowingly submitting falsified evidence in a case between the Republic of Djibouti and an African businessman.

In a High Court hearing before Mr Justice Flaux on Thursday (6 March), the firm apologised for misleading the court. It also apologised “to the parties, to Mr Boreh, solicitors and counsel, and indeed to anybody who has been affected by conduct which fell below the standards expected of solicitors”.

Fountain Court Chambers’ Timothy Dutton QC, appearing for Gibson Dunn, added that following an investigation ordered by Flaux J after the error came to light, it had reported the matter to the SRA.

“I also ought to make it clear that the firm intends to learn all lessons which need to be learned from this matter,” said Dutton on Thursday (5 March). “The firm’s desire is to uphold not just the standards in the SRA Code of Conduct and related regulations, but the highest standards. This is a firm that was established in the late 19th century, of considerable distinction, that finds being here in these circumstances deeply chastening.”

Dutton added that the allegation of misconduct before the court was against Dubai-based partner Gray alone.

Gibson Dunn partner Lord Falconer also apologised to Boreh and the court on behalf of its client, the Republic of Djibouti, for the error.

The issue surrounds phone transcripts that appear to implicate businessman Abdourahman Boreh in a terrorist attack on Djibouti City on March 5 2009. The transcripts were the deciding factor in Flaux J’s decision to freeze $100m (£65m) of Boreh’s assets following a hearing in September 2013.

It transpired late last year that the transcripts were submitted by Gibson Dunn to the hearing incorrectly dated.

The ongoing hearing will determine whether Gray deliberately misled the court by knowingly failing to inform Flaux J of the error, or whether he made an honest mistake. If he is found to have been dishonest and to have deliberately misled the court, Gray could face disbarment and possible criminal charges.

Flaux J said on day three of the hearing (4 March) he would “hesitate long and hard” before finding Gray dishonest.

Fountain Court’s Mark Simpson QC, representing Gray, maintained his client was “honest” and also that the rest of the Gibson Dunn team and its counsel working on the case were “entirely honest”.

Simpson told the court on Wednesday: “I’m going to seek to demonstrate that the whole of an entirely honest legal team, including leading counsel, junior counsel and numerous senior and junior Gibson Dunn associates knew in September 2014 exactly what Mr Gray had known in 2013 and yet still did not believe that the court had been misled.”

Last week an associate of Boreh said: “The magnitude of the case is such that it would be surprising if he were satisfied with just an apology.”

Earlier in the week, under cross-examination by 7KBW’s Dominic Kendrick QC, instructed by Byrne & Partners’ Yvonne Jeffries for Boreh, Gray admitted that he was aware that the transcripts were misdated and that the phone calls took place before the grenade attacks (5 March 2015).

Gray apologised to the court for the error on day one of the hearing, saying: “I greatly regret that the wrong dates were put before this court, and I believe it was because the correct transcripts were not in the file and should have been in the file, and had that happened I would hope that the court wouldn’t have been misled.”

The hearing continues today (Monday 9 March).

The legal line-up:

For the claimants/respondents, the Republic of Djibouti

Gibson Dunn & Crutcher partner Lord Falconer QC, Fountain Court Chambers’ Deepak Nambisan and Daniel Edmonds and Serle Court’s Jennifer Haywood

For the defendant/applicant, Abdourahman Boreh

7KBW’s Dominic Kendrick QC, Keir Howie and James Willan, instructed by Byrne & Partners’ Yvonne Jeffries

For the respondents, Gibson Dunn & Crutcher

Fountain Court Chambers’ Timothy Dutton QC

For Peter Gray

Fountain Court Chambers’ Mark Simpson QC, Nico Leslie and James Hart

Source: The lawyer