Rana Al-Aggad v Talal Al-Aggad & Ors

Rana Al-Aggad v Talal Al-Aggad & Ors

The claimant demonstrated by cogent and objective evidence that she cannot commence or participate in proceedings in Saudi Arabia due to her inability to obtain a Saudi National ID card, which is required for access to the Saudi courts and remote proceedings. As a result, there is a real risk she cannot obtain substantial justice in Saudi Arabia. Jordan is not a more appropriate forum because the claims against all defendants overlap and risk multiplicity of proceedings and irreconcilable judgments. Therefore, the applications to stay or set aside service for lack of jurisdiction are dismissed.

Parties
Claimant: Rana Al-Aggad; First Defendant: Talal Al-Aggad; Second Defendant: Tarek Al-Aggad; Third Defendant: Lama Al-Aggad
Jurisdiction
England and Wales
Judgment Date
18 November 2024
Procedural Posture
Jurisdiction Challenge (forum Non Conveniens) in Civil Commercial/family Dispute / Interlocutory Judgment on Applications to Stay/set Aside Service for Lack of Jurisdiction
Outcome
Applications by all defendants to stay or set aside service for lack of jurisdiction are dismissed.
Legal Topics
Forum Non Conveniens, Jurisdictional Challenge, Breach of Contract, Unlawful Means Conspiracy, Recognition of Foreign Judgments, Substantial Justice Principle
Civil Procedure Private International Law Contract Law Tort Law Forum Non Conveniens Jurisdictional Challenge Breach of Contract Unlawful Means Conspiracy +2 more

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Parties

Rana Al-Aggad

Claimant

Talal Al-Aggad

First Defendant

Tarek Al-Aggad

Second Defendant

Lama Al-Aggad

Third Defendant

Procedural Posture

Jurisdiction Challenge (forum Non Conveniens) in Civil Commercial/family Dispute / Interlocutory Judgment on Applications to Stay/set Aside Service for Lack of Jurisdiction

Legal Issues

  1. 1 Whether Saudi Arabia is the forum conveniens for the dispute under Spiliada principles
  2. 2 Whether the claimant can obtain substantial justice in Saudi Arabia given her inability to access the courts
  3. 3 Whether Jordan is a more appropriate forum than England if Saudi Arabia is unavailable

Ratio Decidendi

The claimant demonstrated by cogent and objective evidence that she cannot commence or participate in proceedings in Saudi Arabia due to her inability to obtain a Saudi National ID card, which is required for access to the Saudi courts and remote proceedings. As a result, there is a real risk she cannot obtain substantial justice in Saudi Arabia. Jordan is not a more appropriate forum because the claims against all defendants overlap and risk multiplicity of proceedings and irreconcilable judgments. Therefore, the applications to stay or set aside service for lack of jurisdiction are dismissed.

Court Disposition

Applications by all defendants to stay or set aside service for lack of jurisdiction are dismissed.

Orders

  • Lama Al-Aggad’s application to stay proceedings on forum non conveniens grounds is dismissed.
  • Talal and Tarek Al-Aggad’s applications to set aside service out of the jurisdiction are dismissed.