Khashoggi Holding Company v Molinari & Ors [2024] EWHC 3462 (Comm) (22 November 2024)

Khashoggi Holding Company v Molinari & Ors [2024] EWHC 3462 (Comm) (22 November 2024)

The court declined to impose a full unless order but set a final extended deadline for disclosure, with immediate consequences for non-compliance, and ordered costs against the Meta parties as a substantial interim victory for the KHC parties.

Citation
[2024] EWHC 3462 (Comm)
Parties
Claimant/defendant to Counterclaim: Khashoggi Holding Company; Defendant/counterclaimant: Mr Maurizio Molinari; Defendant/counterclaimant: Mr Michele Molinari; Defendant/counterclaimant: Mr Alessandro Privitera; Defendant/counterclaimant: Stemic Financial Limited; Defendant/counterclaimant: Finnat Fiduciaria SPA; Additional Counterclaimant: Metaenergia UK Limited; Additional Defendant to Counterclaim: Mr Motasem Almotazabellah Khashoggi
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Commercial Litigation / Interlocutory Application for Disclosure Orders and Costs
Outcome
Application granted in part; extended disclosure deadline set; costs awarded to KHC parties.
Legal Topics
Disclosure Obligations, Case Management, Costs Assessment, Sanctions for Non Compliance
Civil Procedure Commercial Law Disclosure Obligations Case Management Costs Assessment Sanctions for Non Compliance

Case Brief

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Parties

Khashoggi Holding Company

Claimant/defendant to Counterclaim

Mr Maurizio Molinari

Defendant/counterclaimant

Mr Michele Molinari

Defendant/counterclaimant

Mr Alessandro Privitera

Defendant/counterclaimant

Stemic Financial Limited

Defendant/counterclaimant

Finnat Fiduciaria SPA

Defendant/counterclaimant

Metaenergia UK Limited

Additional Counterclaimant

Mr Motasem Almotazabellah Khashoggi

Additional Defendant to Counterclaim

Procedural Posture

Commercial Litigation / Interlocutory Application for Disclosure Orders and Costs

Legal Issues

  1. 1 What is the appropriate order to make regarding extended disclosure deadlines and sanctions for non-compliance?
  2. 2 Should a full unless order (strike out/debarring) be imposed at this stage?
  3. 3 How should costs be assessed for the applications?

Ratio Decidendi

The court declined to impose a full unless order but set a final extended deadline for disclosure, with immediate consequences for non-compliance, and ordered costs against the Meta parties as a substantial interim victory for the KHC parties.

Court Disposition

Application granted in part; extended disclosure deadline set; costs awarded to KHC parties.

Orders

  • KHC parties to give extended disclosure by 4pm on 8 January 2025.
  • Meta parties to give such extended disclosure as possible by same deadline, with supporting list, certificate, and witness statement as specified.