Al-Khatib v Masry & Ors

Al-Khatib v Masry & Ors

The parties reached a mediated settlement, and the appeal was allowed by consent, setting aside the lump sum, war chest, arrears, and interest orders, with new arrangements for the children and financial matters. The case demonstrates the importance and effectiveness of mediation, even at the appellate level, and the need for judicial supervision in complex family disputes.

Parties
Claimant/respondent: Mona Al-Khatib; 1st Defendant/appellant: Abdullah Masry; 2nd Defendant/appellant: Abdulla Alireza; 3rd Defendant/appellant: Ribet Overseas Corporation; 4th Defendant/appellant: BNP Jersey Trust Corporation Ltd.; 5th Defendant/appellant: BNP Trust Company SA; 6th Defendant/appellant: Abdulaziz Zaidan; 7th Defendant/appellant: Renworth Ltd; 8th Defendant/appellant: Aundyr Enmyn Ltd; 9th Defendant/appellant: IFG International (Nominees) Ltd; 10th Defendant/appellant: Saudi British Bank
Jurisdiction
England and Wales
Judgment Date
05 October 2004
Procedural Posture
Family Appeal / Appeal From High Court (family Division) to Court of Appeal; Final Consent Order After Mediation
Outcome
Appeal allowed by consent; original financial orders set aside; mediated settlement approved.
Legal Topics
Ancillary Relief, Child Abduction, Enforcement of Foreign Judgments, Mediation, Contempt of Court
Family Law Ancillary Relief Child Abduction Enforcement of Foreign Judgments Mediation Contempt of Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mona Al-Khatib

Claimant/respondent

Abdullah Masry

1st Defendant/appellant

Abdulla Alireza

2nd Defendant/appellant

Ribet Overseas Corporation

3rd Defendant/appellant

BNP Jersey Trust Corporation Ltd.

4th Defendant/appellant

BNP Trust Company SA

5th Defendant/appellant

Abdulaziz Zaidan

6th Defendant/appellant

Renworth Ltd

7th Defendant/appellant

Aundyr Enmyn Ltd

8th Defendant/appellant

IFG International (Nominees) Ltd

9th Defendant/appellant

Saudi British Bank

10th Defendant/appellant

Procedural Posture

Family Appeal / Appeal From High Court (family Division) to Court of Appeal; Final Consent Order After Mediation

Legal Issues

  1. 1 Whether the financial orders made by the High Court (lump sum, war chest, arrears, interest) should stand
  2. 2 Whether the husband's conduct and rights under Sharia law and Saudi court orders were properly considered
  3. 3 Whether the husband's contempt barred appellate review

Ratio Decidendi

The parties reached a mediated settlement, and the appeal was allowed by consent, setting aside the lump sum, war chest, arrears, and interest orders, with new arrangements for the children and financial matters. The case demonstrates the importance and effectiveness of mediation, even at the appellate level, and the need for judicial supervision in complex family disputes.

Court Disposition

Appeal allowed by consent; original financial orders set aside; mediated settlement approved.

Orders

  • Lump sum of £10 million, war chest of £2.5 million, arrears of periodical payments, and accrued interest set aside (total liabilities set aside: £17 million).
  • Wife to settle a substantial sum from future sale of London home.