Aiman Meqham Almeqham v Maan Bin Abdul Wahed Al-Sanea & Ors

Aiman Meqham Almeqham v Maan Bin Abdul Wahed Al-Sanea & Ors

The trust claim was struck out for lack of standing as the claimant had not obtained article 21 CBIR relief; recognition alone does not vest rights in English immovable property. The s.423 claim survives as there is a serious issue to be tried, sufficient connection to England, and no fatal pleading defects. Service at the 2022 Act addresses is valid. The asset preservation order is continued in support of the s.423 claim and any article 21 application. The amendment application is allowed in part (excluding the trust claim), and substituted service on the first defendant is granted.

Parties
Claimant: Aiman Meqham Almeqham (Liquidation Trustee of Maan Bin Abdul Wahed Al-Sanea and Saad Trading, Contracting & Financial Services Co.); First Defendant: Maan Bin Abdul Wahed Al-Sanea; Second Defendant: Belgrave Properties (Belize) Ltd.; Third Defendant: Clifton Properties (St. Lucia) Ltd.; Fourth Defendant: Goldspring Ltd.; Fifth Defendant: Marlow Properties (Nevis) Ltd.; Sixth Defendant: Winchester Properties (Bermuda) Ltd.
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Civil (insolvency/asset Recovery) / Interlocutory Judgment on Jurisdiction, Injunction, Amendment, and Service Applications
Outcome
Trust claim struck out; s.423 claim proceeds; asset preservation order continued; amendment application allowed in part; substituted service granted.
Legal Topics
Cross Border Insolvency, Resulting/constructive Trusts, Section 423 Insolvency Act 1986, Service of Process, Asset Preservation Orders, Declaratory Relief
Insolvency Trusts Property Law Civil Procedure Cross Border Insolvency Resulting/constructive Trusts Section 423 Insolvency Act 1986 Service of Process +2 more

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Parties

Aiman Meqham Almeqham (Liquidation Trustee of Maan Bin Abdul Wahed Al-Sanea and Saad Trading, Contracting & Financial Services Co.)

Claimant

Maan Bin Abdul Wahed Al-Sanea

First Defendant

Belgrave Properties (Belize) Ltd.

Second Defendant

Clifton Properties (St. Lucia) Ltd.

Third Defendant

Goldspring Ltd.

Fourth Defendant

Marlow Properties (Nevis) Ltd.

Fifth Defendant

Winchester Properties (Bermuda) Ltd.

Sixth Defendant

Procedural Posture

Civil (insolvency/asset Recovery) / Interlocutory Judgment on Jurisdiction, Injunction, Amendment, and Service Applications

Legal Issues

  1. 1 Whether the claimant has standing to bring a trust claim over English properties without article 21 CBIR relief
  2. 2 Whether the s.423 Insolvency Act 1986 claim can proceed against offshore companies
  3. 3 Whether service at addresses under the Economic Crime (Transparency and Enforcement) Act 2022 is valid

Ratio Decidendi

The trust claim was struck out for lack of standing as the claimant had not obtained article 21 CBIR relief; recognition alone does not vest rights in English immovable property. The s.423 claim survives as there is a serious issue to be tried, sufficient connection to England, and no fatal pleading defects. Service at the 2022 Act addresses is valid. The asset preservation order is continued in support of the s.423 claim and any article 21 application. The amendment application is allowed in part (excluding the trust claim), and substituted service on the first defendant is granted.

Court Disposition

Trust claim struck out; s.423 claim proceeds; asset preservation order continued; amendment application allowed in part; substituted service granted.

Orders

  • Leave to serve out set aside for the trust claim; not set aside for the s.423 claim.
  • Trust claim struck out for lack of standing.