Al-Bassam v Al-Bassam

Al-Bassam v Al-Bassam

The Court of Appeal held that interim relief (disclosure, restraint on assets) was properly refused as the claimant’s entitlement was not yet established and enforcement would be impractical. The anti-suit injunction was set aside in its perpetual form but replaced with an interim restraint pending trial of threshold issues (due execution and domicile), as a limited restraint was necessary to protect the English proceedings. The claimant was allowed to amend her particulars of claim to allege constructive trusteeship, as refusal conflated amendment with interim relief. Jurisdictional objections to the amendment were rejected as the defendant had submitted to the English court.

Parties
Claimant/appellant: Lesley June Al-Bassam; Defendant/respondent: Abdullah Saleh Al-Bassam
Jurisdiction
England and Wales
Judgment Date
01 July 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeals From High Court Orders
Outcome
Appeal allowed in part; interim anti-suit injunction imposed; permission to amend particulars of claim granted; interim relief otherwise refused.
Legal Topics
Domicile, Recognition of Foreign Judgments, Validity of Wills, Anti Suit Injunctions, Constructive Trusts
Private International Law Succession Law Probate Domicile Recognition of Foreign Judgments Validity of Wills Anti Suit Injunctions Constructive Trusts

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Parties

Lesley June Al-Bassam

Claimant/appellant

Abdullah Saleh Al-Bassam

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeals From High Court Orders

Legal Issues

  1. 1 Whether the English court should grant interim relief (disclosure, restraint on dealing with assets) pending trial of threshold issues of due execution and domicile
  2. 2 Whether the English court should grant an anti-suit injunction restraining proceedings in Saudi Arabia
  3. 3 Whether the claimant should be allowed to amend her particulars of claim to allege constructive trusteeship

Ratio Decidendi

The Court of Appeal held that interim relief (disclosure, restraint on assets) was properly refused as the claimant’s entitlement was not yet established and enforcement would be impractical. The anti-suit injunction was set aside in its perpetual form but replaced with an interim restraint pending trial of threshold issues (due execution and domicile), as a limited restraint was necessary to protect the English proceedings. The claimant was allowed to amend her particulars of claim to allege constructive trusteeship, as refusal conflated amendment with interim relief. Jurisdictional objections to the amendment were rejected as the defendant had submitted to the English court.

Court Disposition

Appeal allowed in part; interim anti-suit injunction imposed; permission to amend particulars of claim granted; interim relief otherwise refused.

Orders

  • Interim anti-suit injunction restraining continuation of Saudi proceedings until determination of threshold issues or further order
  • Permission to amend particulars of claim to allege constructive trusteeship