Sabbagh v Khoury & Ors

Sabbagh v Khoury & Ors

The share deprivation claim does not raise a serious issue to be tried and is dismissed against all Defendants. The asset misappropriation claim raises a serious issue to be tried and proceeds against all Defendants except Wahbe and HH. The asset misappropriation claim is not subject to mandatory or discretionary stay for arbitration. The claims do not fall within the succession or company law exceptions to the Brussels Regulation. Service out of the jurisdiction on HH is set aside.

Parties
Claimant: Sana Hassib Sabbagh; 1st Defendant: Wael Said Khoury; 2nd Defendant: Said Toufic Khoury; 3rd Defendant: Samer Said Khoury; 4th Defendant: Toufic Said Khoury; 5th Defendant: Samir Hassib Sabbagh; 6th Defendant: Suheil Hassib Sabbagh; 7th Defendant: Wahbe Abdallah Tamari; 8th Defendant: Consolidated Contractors Group SAL (Holding Company); 9th Defendant: Consolidated Contractors International Company (SAL) (Offshore); 10th Defendant: Hassib Holding SAL
Jurisdiction
England and Wales
Judgment Date
10 October 2014
Procedural Posture
Commercial Civil Claim (multi Party, Cross Border) / Interlocutory Application—jurisdictional Challenge and Stay Applications
Outcome
Share deprivation claim dismissed; asset misappropriation claim proceeds against all Defendants except Wahbe and HH; stay applications dismissed for asset misappropriation claim; service out of jurisdiction on HH set aside.
Legal Topics
Jurisdictional Challenge, Forum Non Conveniens, Arbitration Clause Enforcement, Conspiracy, Shareholder Rights, Succession and Inheritance, Summary Judgment, Necessary or Proper Party, Service Out of Jurisdiction
Private International Law Company Law Succession Law Civil Procedure Jurisdictional Challenge Forum Non Conveniens Arbitration Clause Enforcement Conspiracy +5 more

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Parties

Sana Hassib Sabbagh

Claimant

Wael Said Khoury

1st Defendant

Said Toufic Khoury

2nd Defendant

Samer Said Khoury

3rd Defendant

Toufic Said Khoury

4th Defendant

Samir Hassib Sabbagh

5th Defendant

Suheil Hassib Sabbagh

6th Defendant

Wahbe Abdallah Tamari

7th Defendant

Consolidated Contractors Group SAL (Holding Company)

8th Defendant

Consolidated Contractors International Company (SAL) (Offshore)

9th Defendant

Hassib Holding SAL

10th Defendant

Procedural Posture

Commercial Civil Claim (multi Party, Cross Border) / Interlocutory Application—jurisdictional Challenge and Stay Applications

Legal Issues

  1. 1 Whether the English court has jurisdiction over the Defendants under the Brussels Regulation and CPR 6.37
  2. 2 Whether the claims fall within the scope of arbitration clauses in the company’s articles of association
  3. 3 Whether the share deprivation and asset misappropriation claims raise serious issues to be tried

Ratio Decidendi

The share deprivation claim does not raise a serious issue to be tried and is dismissed against all Defendants. The asset misappropriation claim raises a serious issue to be tried and proceeds against all Defendants except Wahbe and HH. The asset misappropriation claim is not subject to mandatory or discretionary stay for arbitration. The claims do not fall within the succession or company law exceptions to the Brussels Regulation. Service out of the jurisdiction on HH is set aside.

Court Disposition

Share deprivation claim dismissed; asset misappropriation claim proceeds against all Defendants except Wahbe and HH; stay applications dismissed for asset misappropriation claim; service out of jurisdiction on HH set aside.

Orders

  • Stay of the share deprivation claim against all Defendants (save for HH) granted.
  • Service of the claim form on HH set aside.