Sharab v Al-Saud

Sharab v Al-Saud

The Court of Appeal held that Mrs Sharab had a good arguable case that the contract was made in London and thus within the jurisdiction under CPR 6.20(5)(a). The court found that England was the appropriate forum for the trial of the claim, considering the connections to London, convenience of witnesses, and enforceability of judgment. The Prince's late offer to submit to Libyan jurisdiction was rejected. The appeal was dismissed.

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 / Court of Appeal Judgment on Appeal From High Court (jurisdiction Challenge)
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Forum Non Conveniens, Service Out of Jurisdiction, Contract Formation, Agency
Civil Procedure Private International Law Contract Jurisdiction Forum Non Conveniens Service Out of Jurisdiction Contract Formation Agency

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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 / Court of Appeal Judgment on Appeal From High Court (jurisdiction Challenge)

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim for commission brought by Mrs Sharab against the Prince
  2. 2 Whether the contract was made within the jurisdiction (England)
  3. 3 Whether there was a breach of contract 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 thus within the jurisdiction under CPR 6.20(5)(a). The court found that England was the appropriate forum for the trial of the claim, considering the connections to London, convenience of witnesses, and enforceability of judgment. The Prince's late offer to submit to Libyan jurisdiction was rejected. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.