Mireille Raymond Salem & Anor v Faraj ("Freddy") Moussa Salem & Ors

Mireille Raymond Salem & Anor v Faraj ("Freddy") Moussa Salem & Ors

Clause 6.5 of the Settlement Deed is not enforceable as it is an agreement to agree, lacking sufficient objective criteria and certainty, and in any event was time-limited to 1 February 2017 unless extended in writing, which was not established. Therefore, there is no subsisting obligation to agree a binding process for expert determination, and no basis to lift the stay or grant the relief sought.

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
Civil (contract/trusts) / Summary Judgment/strike Out Application
Outcome
Application dismissed
Legal Topics
Enforceability of Agreements to Agree, Reasonable Endeavours Clauses, Settlement Agreements, Trust Administration, Summary Judgment Procedure
Contract Law Trust Law Enforceability of Agreements to Agree Reasonable Endeavours Clauses Settlement Agreements Trust Administration Summary Judgment Procedure

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

Civil (contract/trusts) / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether Clause 6.5 of the Settlement Deed is enforceable as a binding obligation or is an unenforceable agreement to agree
  2. 2 Whether any obligation under Clause 6.5 was time-limited to 1 February 2017 or extended
  3. 3 Whether there was a breach of contract and if so, whether damages or other relief are available

Ratio Decidendi

Clause 6.5 of the Settlement Deed is not enforceable as it is an agreement to agree, lacking sufficient objective criteria and certainty, and in any event was time-limited to 1 February 2017 unless extended in writing, which was not established. Therefore, there is no subsisting obligation to agree a binding process for expert determination, and no basis to lift the stay or grant the relief sought.

Court Disposition

Application dismissed

Orders

  • Application to lift the stay on the 2014 Claim is dismissed
  • Parties to agree terms of order and costs; failing agreement, to be addressed at a further hearing