Invest Bank PSC v El-Husseini & Ors [2024] EWHC 996 (Comm) (30 April 2024)

Invest Bank PSC v El-Husseini & Ors [2024] EWHC 996 (Comm) (30 April 2024)

The court held that the Bank had not established a failure to comply with disclosure obligations under PD 57AD para 17 regarding intra-family communications or bank statements, but under para 18, it was necessary, reasonable, and proportionate to order a further manual review (without keyword limitation) of intra-family communications for the period 1 January 2017 to 31 December 2018, subject to further evidence on proportionality. The court refused the Bank's applications for production of all bank statements, further production orders against non-represented respondents, and orders extending disclosure to documents held by third parties, finding these requests disproportionate,...

Citation
[2024] EWHC 996 (Comm)
Parties
Claimant: Invest Bank P. S. C.; First Defendant: Ahmad Mohammad El-Husseini; Second Defendant: Mohammed Ahmad El-Husseiny; Third Defendant: Alexander Ahmad El-Husseiny; Fourth Defendant: Ziad Ahmad El-Husseiny; Fifth Defendant: Ramzy Ahmad El-Husseiny; Sixth Defendant: Joan Eva Henry; Seventh Defendant: Virtue Trustees (Switzerland) A. G.; Eighth Defendant: Global Green Development Limited
Jurisdiction
England and Wales
Judgment Date
30 April 2024
Procedural Posture
Commercial Court Claim (debt and S.423 Insolvency Act 1986) / Interlocutory Application for Disclosure Orders Prior to Trial
Outcome
Application granted in part and refused in part
Legal Topics
Disclosure Obligations, Extended Disclosure (pd 57 Ad), Insolvency Act 1986 S.423, Asset Dissipation, Control for Disclosure Purposes
Civil Procedure Insolvency Banking and Finance Disclosure Obligations Extended Disclosure (pd 57 Ad) Insolvency Act 1986 S.423 Asset Dissipation Control for Disclosure Purposes

Case Brief

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Parties

Invest Bank P. S. C.

Claimant

Ahmad Mohammad El-Husseini

First Defendant

Mohammed Ahmad El-Husseiny

Second Defendant

Alexander Ahmad El-Husseiny

Third Defendant

Ziad Ahmad El-Husseiny

Fourth Defendant

Ramzy Ahmad El-Husseiny

Fifth Defendant

Joan Eva Henry

Sixth Defendant

Virtue Trustees (Switzerland) A. G.

Seventh Defendant

Global Green Development Limited

Eighth Defendant

Procedural Posture

Commercial Court Claim (debt and S.423 Insolvency Act 1986) / Interlocutory Application for Disclosure Orders Prior to Trial

Legal Issues

  1. 1 Whether disclosure respondents should be ordered to re-perform or perform disclosure obligations under the Disclosure Review Document (DRD)
  2. 2 Whether intra-family communications require further disclosure beyond keyword searches
  3. 3 Whether bank statements and records should be produced in full

Ratio Decidendi

The court held that the Bank had not established a failure to comply with disclosure obligations under PD 57AD para 17 regarding intra-family communications or bank statements, but under para 18, it was necessary, reasonable, and proportionate to order a further manual review (without keyword limitation) of intra-family communications for the period 1 January 2017 to 31 December 2018, subject to further evidence on proportionality. The court refused the Bank's applications for production of all bank statements, further production orders against non-represented respondents, and orders extending disclosure to documents held by third parties, finding these requests disproportionate,...

Court Disposition

Application granted in part and refused in part

Orders

  • Disclosure respondents are ordered to conduct a manual review (without keyword limitation) of intra-family communications for the period 1 January 2017 to 31 December 2018, with scope and timing to be finalised at a consequentials hearing if necessary.
  • All other disclosure relief sought by the Bank, including production of all bank statements, further production orders against non-represented respondents, extension to third-party documents, and privilege schedules, is refused.