Al Jaber v Al Ibrahim & Anor [2023] EWHC 2831 (Comm) (10 November 2023)

Al Jaber v Al Ibrahim & Anor [2023] EWHC 2831 (Comm) (10 November 2023)

The claimant failed to prove on the balance of probabilities that the US$30 million payment was a loan; the evidence, including contemporaneous documents and the credibility of witnesses, did not support the claimant's account. The claim was therefore dismissed.

Citation
[2023] EWHC 2831 (Comm)
Parties
Claimant: Sheikh Mohamed Bin Issa Al Jaber; First Defendant: Sheikh Walid Bin Ibrahim Al Ibrahim; Second Defendant: Sheikh Majid Bin Ibrahim Al Ibrahim
Jurisdiction
England and Wales
Judgment Date
10 November 2023
Procedural Posture
Commercial Court Claim / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Characterisation of Payments, Loan Agreements, Limitation, Governing Law, Documentary Evidence, Burden of Proof
Contract Law Commercial Law Private International Law Characterisation of Payments Loan Agreements Limitation Governing Law Documentary Evidence +1 more

Case Brief

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Parties

Sheikh Mohamed Bin Issa Al Jaber

Claimant

Sheikh Walid Bin Ibrahim Al Ibrahim

First Defendant

Sheikh Majid Bin Ibrahim Al Ibrahim

Second Defendant

Procedural Posture

Commercial Court Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether the US$30 million payment on 3 January 2002 was a loan or a fee for services
  2. 2 Whether a loan agreement under Saudi law must be in writing
  3. 3 Whether the claim is time-barred under applicable law

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that the US$30 million payment was a loan; the evidence, including contemporaneous documents and the credibility of witnesses, did not support the claimant's account. The claim was therefore dismissed.

Court Disposition

Claim dismissed

Orders

  • Claimant's claim is dismissed in its entirety.