Sharab v Al-Saud [2009] EWCA Civ 353 (30 April 2009)

Sharab v Al-Saud [2009] EWCA Civ 353 (30 April 2009)

The Court of Appeal held that Mrs Sharab had a good arguable case that the contract was made in London and only varied in Libya, thus falling within CPR 6.20(5)(a). The claim did not get through the breach within jurisdiction gateway (CPR 6.20(6)), but this was not fatal. The deputy judge's conclusion that England...

Source-derived case information.

Citation
[2009] EWCA Civ 353
Parties
Claimant/respondent: Mrs Daad Sharab; Defendant/appellant: HRH Prince Al-Waleed Bin Talal Bin Abdal-Aziz Al-Saud
Jurisdiction
England and Wales
Judgment Date
30 April 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Forum Conveniens, Contract Formation, Agency, Commission Agreements
Private International Law Contract Law Civil Procedure Jurisdiction Service Out of Jurisdiction Forum Conveniens Contract Formation Agency +1 more

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Parties

Mrs Daad Sharab

Claimant/respondent

HRH Prince Al-Waleed Bin Talal Bin Abdal-Aziz Al-Saud

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim for commission against a foreign defendant
  2. 2 Whether the contract was made within the jurisdiction (England)
  3. 3 Whether breach of contract was committed within the jurisdiction

Ratio Decidendi

The Court of Appeal held that Mrs Sharab had a good arguable case that the contract was made in London and only varied in Libya, thus falling within CPR 6.20(5)(a). The claim did not get through the breach within jurisdiction gateway (CPR 6.20(6)), but this was not fatal. The deputy judge's conclusion that England was the appropriate forum was upheld, as the connections to England were sufficient and the Prince's late offer to submit to Libyan jurisdiction was not accepted at the appellate stage.

Court Disposition

Appeal dismissed

Orders

  • The Prince's application challenging jurisdiction is dismissed.
  • Proceedings to continue in the English courts.