Almeqham v Al-Sanea & Ors [2025] EWHC 322 (Ch) (14 February 2025)

Almeqham v Al-Sanea & Ors [2025] EWHC 322 (Ch) (14 February 2025)

The trust claim was struck out and permission to serve out set aside because the claimant, as a foreign insolvency officeholder, had no standing to bring a proprietary claim over English immovable property without first obtaining relief under article 21 CBIR entrusting the administration or realisation of the assets...

Source-derived case information.

Citation
[2025] EWHC 322 (Ch)
Parties
Claimant: Aiman Meqham Almeqham (Liquidation Trustee of Maan Bin Abdul Wahed Al-Sanea and Saad Trading, Contracting & Financial Services Co.); First Defendant: Maan Bin Abdul Wahed Al-Sanea; Second Defendant: Belgrave Properties (Belize) Ltd.; Third Defendant: Clifton Properties (St. Lucia) Ltd.; Fourth Defendant: Goldspring Ltd.; Fifth Defendant: Marlow Properties (Nevis) Ltd.; Sixth Defendant: Winchester Properties (Bermuda) Ltd.
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Chancery Division Civil Claim (cross Border Insolvency, Asset Recovery) / Interlocutory Applications: Jurisdiction Challenge, Injunction Continuation, Amendment, Substituted Service
Outcome
Trust claim struck out; permission to serve out set aside for trust claim; s.423 claim proceeds; asset preservation order continued; amendment application granted except as to trust claim; substituted service permitted; service within jurisdiction valid.
Legal Topics
Recognition of Foreign Insolvency Proceedings, Resulting/constructive Trust, Section 423 Insolvency Act 1986, Cross Border Insolvency Regulations 2006, Jurisdiction and Service Out, Asset Preservation Orders, Declaratory Relief, Entrustment Under CBIR
Insolvency Cross Border Insolvency Trusts Civil Procedure Recognition of Foreign Insolvency Proceedings Resulting/constructive Trust Section 423 Insolvency Act 1986 Cross Border Insolvency Regulations 2006 +4 more

Source-derived case record

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 12 Party arguments 2
Sign in to unlock

Parties

Aiman Meqham Almeqham (Liquidation Trustee of Maan Bin Abdul Wahed Al-Sanea and Saad Trading, Contracting & Financial Services Co.)

Claimant

Maan Bin Abdul Wahed Al-Sanea

First Defendant

Belgrave Properties (Belize) Ltd.

Second Defendant

Clifton Properties (St. Lucia) Ltd.

Third Defendant

Goldspring Ltd.

Fourth Defendant

Marlow Properties (Nevis) Ltd.

Fifth Defendant

Winchester Properties (Bermuda) Ltd.

Sixth Defendant

Procedural Posture

Chancery Division Civil Claim (cross Border Insolvency, Asset Recovery) / Interlocutory Applications: Jurisdiction Challenge, Injunction Continuation, Amendment, Substituted Service

Legal Issues

  1. 1 Whether the claimant, as foreign liquidation trustee, can bring a proprietary trust claim over English properties without prior relief under article 21 CBIR
  2. 2 Whether the s.423 Insolvency Act 1986 claim can proceed against offshore companies
  3. 3 Whether service out of jurisdiction and within jurisdiction was valid

Ratio Decidendi

The trust claim was struck out and permission to serve out set aside because the claimant, as a foreign insolvency officeholder, had no standing to bring a proprietary claim over English immovable property without first obtaining relief under article 21 CBIR entrusting the administration or realisation of the assets to him. Recognition under article 17 CBIR alone does not vest such rights. The s.423 claim could proceed as the claimant had standing under article 23 CBIR. Service within the jurisdiction at the address provided under the 2022 Act was valid. The asset preservation order was continued, the amendment application was granted except as to the trust claim, and substituted service...

Court Disposition

Trust claim struck out; permission to serve out set aside for trust claim; s.423 claim proceeds; asset preservation order continued; amendment application granted except as to trust claim; substituted service permitted; service within jurisdiction valid.

Orders

  • Trust claim struck out against all defendants
  • Permission to serve out of jurisdiction set aside for trust claim