Sawiris & Ors v Marwan [2010] EWHC 89 (Comm) (28 January 2010)

Sawiris & Ors v Marwan [2010] EWHC 89 (Comm) (28 January 2010)

Mr. Sawiris was not entitled to present cheques for payment before tendering their return and requesting repayment, thus breached clause 14(b) of the MOU; costs incurred in Egyptian proceedings were not for recovery but to exert pressure, so not deductible from credit due to Mr. Marwan. Mr. Marwan is entitled to damages for defending Egyptian criminal proceedings, but not for Lebanese proceedings as predominant intent was to enforce MOU, not to cause harm. Compound interest is not implied; only simple interest at LIBOR+1% from 7 April 2008 to 26 June 2008 is awarded. Costs order: Mr. Marwan gets 50% up to CMC, thereafter each side bears own costs.

Citation
[2010] EWHC 89 (Comm)
Parties
Issue Claimant: Naguib Sawiris; Issue Claimant: Cylo Investment Limited; Issue Claimant: Melody Group Limited; Issue Claimant: Gemini Technologies Limited; Issue Defendant: Gamal Marwan
Jurisdiction
England and Wales
Judgment Date
28 January 2010
Procedural Posture
Commercial Court Action / Post Consent Order Ancillary Issues Trial
Outcome
Judgment for Mr. Marwan in part; damages and costs awarded as specified.
Legal Topics
Memorandum of Understanding, Repudiation, Interest, Damages, Costs, Jurisdiction
Contract Law Commercial Law Memorandum of Understanding Repudiation Interest Damages Costs Jurisdiction

Case Brief

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Parties

Naguib Sawiris

Issue Claimant

Cylo Investment Limited

Issue Claimant

Melody Group Limited

Issue Claimant

Gemini Technologies Limited

Issue Claimant

Gamal Marwan

Issue Defendant

Procedural Posture

Commercial Court Action / Post Consent Order Ancillary Issues Trial

Legal Issues

  1. 1 Whether costs incurred in Egyptian proceedings should reduce credit to Mr. Marwan
  2. 2 Whether Mr. Marwan is entitled to damages for defending Egyptian criminal proceedings
  3. 3 Whether Mr. Marwan is entitled to costs for Lebanese proceedings

Ratio Decidendi

Mr. Sawiris was not entitled to present cheques for payment before tendering their return and requesting repayment, thus breached clause 14(b) of the MOU; costs incurred in Egyptian proceedings were not for recovery but to exert pressure, so not deductible from credit due to Mr. Marwan. Mr. Marwan is entitled to damages for defending Egyptian criminal proceedings, but not for Lebanese proceedings as predominant intent was to enforce MOU, not to cause harm. Compound interest is not implied; only simple interest at LIBOR+1% from 7 April 2008 to 26 June 2008 is awarded. Costs order: Mr. Marwan gets 50% up to CMC, thereafter each side bears own costs.

Court Disposition

Judgment for Mr. Marwan in part; damages and costs awarded as specified.

Orders

  • Mr. Marwan awarded $85,000 damages for Egyptian criminal proceedings costs.
  • Simple interest at LIBOR+1% from 7 April 2008 to 26 June 2008 on principal sum ordered to be paid by Aikens J.