Sheikh Mohammed Omar Kassen Alesayi v Bank Audi S.A.L

Sheikh Mohammed Omar Kassen Alesayi v Bank Audi S.A.L

The correct legal test for disclosure in a jurisdiction challenge is the two-stage test from Rome v Punjab National Bank: (1) the applicant must show a prima facie case on jurisdiction; (2) disclosure must be reasonably necessary for the just disposal of the application. The Judge below correctly identified the test but erred in applying it to several disclosure orders, granting disclosure that was not reasonably necessary or proportionate. Exceptionality is not the legal test but describes the rarity of such orders. The appellate court will only interfere with case management decisions if they are plainly wrong or outside the generous ambit of reasonable disagreement.

Parties
Claimant/respondent: Sheikh Mohammed Omar Kassem Alesayi; Defendant/appellant: Bank Audi S. A. L.
Jurisdiction
England and Wales
Judgment Date
28 February 2025
Procedural Posture
Civil Appeal / Appeal of Interlocutory Disclosure Orders in a Jurisdiction Challenge
Outcome
Appeal allowed in part and dismissed in part. Several disclosure orders set aside or narrowed; others upheld.
Legal Topics
Jurisdiction Challenge, Disclosure Orders, Consumer Contracts, Directed Activities, Case Management Discretion
Civil Procedure Private International Law Banking Law Jurisdiction Challenge Disclosure Orders Consumer Contracts Directed Activities Case Management Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sheikh Mohammed Omar Kassem Alesayi

Claimant/respondent

Bank Audi S. A. L.

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal of Interlocutory Disclosure Orders in a Jurisdiction Challenge

Legal Issues

  1. 1 What is the correct legal test for ordering disclosure in a jurisdiction challenge?
  2. 2 Did the lower court err in granting specific disclosure under CPR 31.12 and 31.14?
  3. 3 Are the disclosure orders proportionate and reasonably necessary for the just disposal of the jurisdiction application?

Ratio Decidendi

The correct legal test for disclosure in a jurisdiction challenge is the two-stage test from Rome v Punjab National Bank: (1) the applicant must show a prima facie case on jurisdiction; (2) disclosure must be reasonably necessary for the just disposal of the application. The Judge below correctly identified the test but erred in applying it to several disclosure orders, granting disclosure that was not reasonably necessary or proportionate. Exceptionality is not the legal test but describes the rarity of such orders. The appellate court will only interfere with case management decisions if they are plainly wrong or outside the generous ambit of reasonable disagreement.

Court Disposition

Appeal allowed in part and dismissed in part. Several disclosure orders set aside or narrowed; others upheld.

Orders

  • Order 1a: Set aside, disclosure refused.
  • Order 1b: Upheld, disclosure ordered.