BB & Ors. v Doha Bank Limited

Paragraph 9 of the amended particulars of claim and related passages are embarrassing and abusive, as they plead irrelevant facts and fail the merits test; the claim is viable without reference to state involvement, and the offending passages must be struck out to allow the claim to proceed.

Parties: Claimants/respondents: BB and others; Appellant/third Defendant: Doha Bank Limited; First Defendant: Mr Moutaz Al Khayyat; Second Defendant: Mr Ramez Al Khayyat
Jurisdiction: England and Wales
Judgment Date: 08 March 2023
Procedural Posture: Civil Appeal / Appeal From High Court Order on Amendment and Strike Out
Outcome: Appeal allowed
Legal Topics: Pleading Standards, State Immunity, Abuse of Process, Amendment of Pleadings, Forum Non Conveniens

Civil Procedure International Law Banking Law Pleading Standards State Immunity Abuse of Process Amendment of Pleadings Forum Non Conveniens

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2

Parties

BB and others

Claimants/respondents

Doha Bank Limited

Appellant/third Defendant

Mr Moutaz Al Khayyat

First Defendant

Mr Ramez Al Khayyat

Second Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Order on Amendment and Strike Out

Legal Issues

1 Whether the amended particulars of claim are embarrassing and abusive
2 Whether the claim should be struck out for lack of reasonable grounds
3 Whether the amendments are a tactical device to avoid state immunity

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Paragraph 9 of the Amended Particulars of Claim struck out
Response to the Request for Further Information struck out