Sheikh Mohammed Omar Kassem Alesayi v Bank Audi SAL

Sheikh Mohammed Omar Kassem Alesayi v Bank Audi SAL

The 2016 suite of terms constituted a fundamental restatement of the parties' legal relationship, extinguishing all prior terms and substituting a comprehensive new set of terms, amounting to the conclusion of a new contract for the purposes of sections 15B and 15E CJJA. The Judge's evaluative assessment that the 2016 changes were sufficiently akin to a novation was correct and within the range of reasonable judgments.

Parties
Appellant/defendant: Sheikh Mohammed Omar Kassem Alesayi; Respondent/claimant: Bank Audi SAL
Jurisdiction
England and Wales
Judgment Date
08 May 2026
Procedural Posture
Civil Appeal / Appeal From High Court (king's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Jurisdiction in Consumer Contracts, Contract Variation and Novation, Interpretation of Post Brexit Jurisdictional Statutes, Application of EU Law Principles Post Brexit
Private International Law Civil Procedure Contract Law Jurisdiction in Consumer Contracts Contract Variation and Novation Interpretation of Post Brexit Jurisdictional Statutes Application of EU Law Principles Post Brexit

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Parties

Sheikh Mohammed Omar Kassem Alesayi

Appellant/defendant

Bank Audi SAL

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court (king's Bench Division) to Court of Appeal

Legal Issues

  1. 1 When is a new consumer contract 'concluded' for jurisdiction under sections 15B and 15E of the Civil Jurisdiction and Judgments Act 1982?
  2. 2 Do changes to contract terms in 2016 amount to the conclusion of a new contract for jurisdictional purposes?

Ratio Decidendi

The 2016 suite of terms constituted a fundamental restatement of the parties' legal relationship, extinguishing all prior terms and substituting a comprehensive new set of terms, amounting to the conclusion of a new contract for the purposes of sections 15B and 15E CJJA. The Judge's evaluative assessment that the 2016 changes were sufficiently akin to a novation was correct and within the range of reasonable judgments.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.