Faris Al-Rawi v Sami Wadi Sidawi & Ors.

Faris Al-Rawi v Sami Wadi Sidawi & Ors.

There were no binding oral profit share agreements between Faris Al-Rawi and Sami Sidawi (or the other defendants) for the Draycott, Thurloe, or Cromwell projects; any expectation of profit share was a matter of honour and not legal obligation. In the KHN project, the formal documentation provided for a 12.5% profit share for Faris, but only after deduction of 5% interest on capital, resulting in no profit due. All services provided by Faris or his companies were remunerated by fees and commissions, and no further quantum meruit claim arises. Any quantum meruit claim is in any event time-barred and not supported by mistake. Wael Hourani was a party to the KHN agreement, but this is...

Parties
Claimant: Faris Al-Rawi; First Defendant: Sami Wadi Sidawi; Second Defendant: Wael Hourani; Third Defendant: Amal Hourani
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (contract/unjust Enrichment) / Judgment After Trial of Liability Issues
Outcome
Claim dismissed
Legal Topics
Oral Contracts, Profit Sharing Agreements, Quantum Meruit, Limitation of Actions, Trusts and Beneficial Ownership
Contract Law Equity and Trusts Unjust Enrichment Oral Contracts Profit Sharing Agreements Quantum Meruit Limitation of Actions Trusts and Beneficial Ownership

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Parties

Faris Al-Rawi

Claimant

Sami Wadi Sidawi

First Defendant

Wael Hourani

Second Defendant

Amal Hourani

Third Defendant

Procedural Posture

Civil (contract/unjust Enrichment) / Judgment After Trial of Liability Issues

Legal Issues

  1. 1 Whether binding oral profit share agreements existed for Draycott, Thurloe, Cromwell, and KHN projects
  2. 2 Whether claimant entitled to quantum meruit for services provided
  3. 3 Whether limitation bars quantum meruit claim

Ratio Decidendi

There were no binding oral profit share agreements between Faris Al-Rawi and Sami Sidawi (or the other defendants) for the Draycott, Thurloe, or Cromwell projects; any expectation of profit share was a matter of honour and not legal obligation. In the KHN project, the formal documentation provided for a 12.5% profit share for Faris, but only after deduction of 5% interest on capital, resulting in no profit due. All services provided by Faris or his companies were remunerated by fees and commissions, and no further quantum meruit claim arises. Any quantum meruit claim is in any event time-barred and not supported by mistake. Wael Hourani was a party to the KHN agreement, but this is...

Court Disposition

Claim dismissed

Orders

  • Faris Al-Rawi’s claims in relation to Draycott, Thurloe, and Cromwell are dismissed.
  • No profit share is due to Faris Al-Rawi in respect of KHN.