Jaber v Al Ibrahim [2023] EWHC 719 (Comm) (24 March 2023)

Jaber v Al Ibrahim [2023] EWHC 719 (Comm) (24 March 2023)

The order for remote evidence is granted because the risk of the defendants being unable to give evidence at all outweighs the disadvantages of remote cross-examination, especially where the outcome depends on witness testimony and there is no legal bar under Saudi law.

Citation
[2023] EWHC 719 (Comm)
Parties
Claimant: Sheikh Mohamed Bin Issa Al Jaber; First Defendant: Sheikh Walid Bin Ibrahim Al Ibrahim; Second Defendant: Sheikh Majid Bin Ibrahim Al Ibrahim
Jurisdiction
England and Wales
Judgment Date
24 March 2023
Procedural Posture
Commercial Court Application / Interlocutory Application for Permission to Give Evidence Remotely
Outcome
Application granted with conditions
Legal Topics
Remote Evidence, Video Link Testimony, Foreign Law, Fair Trial, Cross Examination
Civil Procedure Commercial Law Remote Evidence Video Link Testimony Foreign Law Fair Trial Cross Examination

Case Brief

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Parties

Sheikh Mohamed Bin Issa Al Jaber

Claimant

Sheikh Walid Bin Ibrahim Al Ibrahim

First Defendant

Sheikh Majid Bin Ibrahim Al Ibrahim

Second Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application for Permission to Give Evidence Remotely

Legal Issues

  1. 1 Whether defendants should be permitted to give evidence remotely by video link from Saudi Arabia
  2. 2 Whether Saudi Arabian law prohibits giving evidence by video link
  3. 3 Whether the evidence of travel bans on defendants is sufficient

Ratio Decidendi

The order for remote evidence is granted because the risk of the defendants being unable to give evidence at all outweighs the disadvantages of remote cross-examination, especially where the outcome depends on witness testimony and there is no legal bar under Saudi law.

Court Disposition

Application granted with conditions

Orders

  • Defendants permitted to give evidence remotely by video link from Saudi Arabia
  • A solicitor must be present in the room during evidence