Standard Bank Plc v EFAD Real Estate Company WLL & Ors [2014] EWHC 1834 (Comm) (06 June 2014)

Standard Bank Plc v EFAD Real Estate Company WLL & Ors [2014] EWHC 1834 (Comm) (06 June 2014)

The bank has a real prospect of success against the second and third defendants for personal liability in tort and contract, the claims are closely bound up with those against EFAD RE, and England is clearly the appropriate forum. The requirements for service out of jurisdiction are satisfied.

Citation
[2014] EWHC 1834 (Comm)
Parties
Claimant: Standard Bank PLC; First Defendant: EFAD Real Estate Company WLL; Second Defendant: Khalid Bader Al Roumi; Third Defendant: Rezam Mohamed Al Roumi
Jurisdiction
England and Wales
Judgment Date
06 June 2014
Procedural Posture
Commercial Court Application / Jurisdiction Challenge (interlocutory)
Outcome
Application dismissed
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Necessary or Proper Party, Forum Conveniens, Tort Claims, Contract Claims, Islamic Finance
Commercial Law Civil Procedure Private International Law Jurisdiction Service Out of Jurisdiction Necessary or Proper Party Forum Conveniens Tort Claims +2 more

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Parties

Standard Bank PLC

Claimant

EFAD Real Estate Company WLL

First Defendant

Khalid Bader Al Roumi

Second Defendant

Rezam Mohamed Al Roumi

Third Defendant

Procedural Posture

Commercial Court Application / Jurisdiction Challenge (interlocutory)

Legal Issues

  1. 1 Whether the English court has jurisdiction over the second and third defendants
  2. 2 Whether the requirements for service out of jurisdiction are satisfied
  3. 3 Whether the second and third defendants are necessary or proper parties

Ratio Decidendi

The bank has a real prospect of success against the second and third defendants for personal liability in tort and contract, the claims are closely bound up with those against EFAD RE, and England is clearly the appropriate forum. The requirements for service out of jurisdiction are satisfied.

Court Disposition

Application dismissed

Orders

  • Second and third defendants' jurisdiction challenge dismissed
  • First defendant's contingent application for stay dismissed