The Public Institution for Social Security v Muna Al-Rajaan Al-Wazzan & Ors

The Public Institution for Social Security v Muna Al-Rajaan Al-Wazzan & Ors

PIFSS does not have practical control over documents held by the KAG, DLAL (beyond its mandate for PIFSS), KPMG, EY, WAFRA (beyond final work product), State Audit Bureau, or Parliamentary Committees. Past ad hoc cooperation or dual legal representation does not establish practical control. The evidence does not show a standing arrangement or understanding sufficient to amount to control. PIFSS has complied with its disclosure obligations and no further general orders for disclosure or searches are reasonable or proportionate, save for limited directions as to additional custodians and search terms in specific instances.

Parties
Claimant: The Public Institution for Social Security; Defendants: Muna Al-Rajaan Al-Wazzan (as representative of the estate of Mr Fahad Maziad Rajaan Al Rajaan, deceased) & Others
Jurisdiction
England and Wales
Judgment Date
03 May 2024
Procedural Posture
Commercial Court Claim (disclosure Issues) / Interlocutory Application—disclosure Dispute at Case Management Conference (cmc 6)
Outcome
Applications by Man Defendants, D1/D2, and EFG for further disclosure against PIFSS dismissed except for limited directions; PIFSS's application for additional custodians/search terms partially allowed.
Legal Topics
Disclosure of Documents, Control Over Third Party Documents, Practice Direction 57 AD, Agency and Privilege, Proportionality in Disclosure
Civil Procedure Commercial Law Disclosure of Documents Control Over Third Party Documents Practice Direction 57 AD Agency and Privilege Proportionality in Disclosure

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Parties

The Public Institution for Social Security

Claimant

Muna Al-Rajaan Al-Wazzan (as representative of the estate of Mr Fahad Maziad Rajaan Al Rajaan, deceased) & Others

Defendants

Procedural Posture

Commercial Court Claim (disclosure Issues) / Interlocutory Application—disclosure Dispute at Case Management Conference (cmc 6)

Legal Issues

  1. 1 Whether PIFSS has practical control over documents held by various third parties (governmental and non-governmental) for purposes of extended disclosure
  2. 2 Whether further disclosure or searches should be ordered against PIFSS or Defendants regarding documents held by KAG, DLAL, KPMG, EY, WAFRA, State Audit Bureau, Parliamentary Committees, and others
  3. 3 Whether PIFSS has complied with its disclosure obligations under Practice Direction 57AD

Ratio Decidendi

PIFSS does not have practical control over documents held by the KAG, DLAL (beyond its mandate for PIFSS), KPMG, EY, WAFRA (beyond final work product), State Audit Bureau, or Parliamentary Committees. Past ad hoc cooperation or dual legal representation does not establish practical control. The evidence does not show a standing arrangement or understanding sufficient to amount to control. PIFSS has complied with its disclosure obligations and no further general orders for disclosure or searches are reasonable or proportionate, save for limited directions as to additional custodians and search terms in specific instances.

Court Disposition

Applications by Man Defendants, D1/D2, and EFG for further disclosure against PIFSS dismissed except for limited directions; PIFSS's application for additional custodians/search terms partially allowed.

Orders

  • No order for PIFSS to disclose documents of KAG, DLAL (beyond mandate), KPMG, EY, WAFRA (beyond final work product), State Audit Bureau, or Parliamentary Committees.
  • PIFSS to carry out reasonable search for documents it holds relating to recoveries against Mr Al Rajaan's assets, excluding KAG/KPP documents.