Standard Bank Plc v EFAD Real Estate Company WLL & Ors

Standard Bank Plc v EFAD Real Estate Company WLL & Ors

The court held that the bank had a real prospect of success on its claims against the second and third defendants for deceit, procuring breach of contract, and conspiracy, and that they were necessary or proper parties to the claim against EFAD RE. The requirements for service out of the jurisdiction were satisfied, and England was clearly the appropriate forum for the trial of the dispute. The application to set aside service and challenge jurisdiction was dismissed.

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) / Ruling on Application to Set Aside Service Out of Jurisdiction and Challenge to Jurisdiction
Outcome
Application dismissed
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Necessary or Proper Party, Tort Claims, Contract Claims, Forum Conveniens, Deceit, Conspiracy, Breach of Contract
Commercial Law Private International Law Civil Procedure Jurisdiction Service Out of Jurisdiction Necessary or Proper Party Tort Claims Contract Claims +4 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) / Ruling on Application to Set Aside Service Out of Jurisdiction and Challenge to Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the second and third defendants served out of the jurisdiction
  2. 2 Whether the claims against the second and third defendants disclose a serious issue to be tried
  3. 3 Whether the second and third defendants are necessary or proper parties to the claim against the first defendant

Ratio Decidendi

The court held that the bank had a real prospect of success on its claims against the second and third defendants for deceit, procuring breach of contract, and conspiracy, and that they were necessary or proper parties to the claim against EFAD RE. The requirements for service out of the jurisdiction were satisfied, and England was clearly the appropriate forum for the trial of the dispute. The application to set aside service and challenge jurisdiction was dismissed.

Court Disposition

Application dismissed

Orders

  • The second and third defendants’ application challenging jurisdiction is dismissed.
  • The first defendant’s contingent application for a stay does not arise but would have been dismissed if made.