Salem & Anor v Salem & Ors [2024] EWHC 3311 (Ch) (20 December 2024)

Salem & Anor v Salem & Ors [2024] EWHC 3311 (Ch) (20 December 2024)

Clause 6.5 of the Settlement Deed is an unenforceable agreement to agree, imposing no binding obligation to agree a process for expert determination, and in any event, any such obligation was time-limited to 1 February 2017 and not extended by agreement in writing between all parties. The application disclosed no reasonable grounds or real prospect of success and is summarily dismissed.

Citation
[2024] EWHC 3311 (Ch)
Parties
First Claimant: Mireille Raymond Salem; Second Claimant: Moussa ("Moussy") Salem; First Defendant: Faraj ("Freddy") Moussa Salem; Second Defendant: Beno Moussa Salem; Third Defendant: Sequent (C. I.) Limited (formerly Rothschild Switzerland (C. I.) Trustees Limited); Fourth Defendant: Guernsey Global Trust Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Application in Stayed High Court Proceedings (business List, Chancery Division) / Summary Determination of Application to Lift Stay and for Declaratory/breach Relief
Outcome
Application dismissed
Legal Topics
Enforceability of Agreements to Agree, Reasonable Endeavours Clauses, Interpretation of Settlement Deeds, Summary Judgment/strike Out, Time Limited Contractual Obligations
Contract Law Trusts Law Civil Procedure Enforceability of Agreements to Agree Reasonable Endeavours Clauses Interpretation of Settlement Deeds Summary Judgment/strike Out Time Limited Contractual Obligations

Case Brief

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Parties

Mireille Raymond Salem

First Claimant

Moussa ("Moussy") Salem

Second Claimant

Faraj ("Freddy") Moussa Salem

First Defendant

Beno Moussa Salem

Second Defendant

Sequent (C. I.) Limited (formerly Rothschild Switzerland (C. I.) Trustees Limited)

Third Defendant

Guernsey Global Trust Limited

Fourth Defendant

Procedural Posture

Application in Stayed High Court Proceedings (business List, Chancery Division) / Summary Determination of Application to Lift Stay and for Declaratory/breach Relief

Legal Issues

  1. 1 Whether clause 6.5 of the Settlement Deed is an enforceable obligation or an unenforceable agreement to agree
  2. 2 Whether any obligation under clause 6.5 was time-limited to 1 February 2017 or continued thereafter
  3. 3 Whether there was any agreement in writing to extend the time limit under clause 6.5

Ratio Decidendi

Clause 6.5 of the Settlement Deed is an unenforceable agreement to agree, imposing no binding obligation to agree a process for expert determination, and in any event, any such obligation was time-limited to 1 February 2017 and not extended by agreement in writing between all parties. The application disclosed no reasonable grounds or real prospect of success and is summarily dismissed.

Court Disposition

Application dismissed

Orders

  • Application to lift the stay on the 2014 Claim is dismissed
  • No declaration or order for expert determination or damages is made