Mobile Telecommunications Company KSCP v HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud [2024] EWHC 3459 (Ch) (10 December 2024)

Mobile Telecommunications Company KSCP v HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud [2024] EWHC 3459 (Ch) (10 December 2024)

Given the real risk of arrest and imprisonment for Prince Hussam if he attends in person, and the importance of his evidence to the jurisdiction issue, denying remote attendance would risk an unfair trial under Article 6 ECHR. Princess Noorah's medical evidence justifies remote attendance. Princess Sarah's reasons are insufficient; she must attend in person.

Citation
[2024] EWHC 3459 (Ch)
Parties
Petitioner/respondent: Mobile Telecommunications Company KSCP; Debtor/applicant: HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud
Jurisdiction
England and Wales
Judgment Date
10 December 2024
Procedural Posture
Bankruptcy Petition Under Insolvency Act 1986 / Pre Trial Case Management (application for Remote/hybrid Hearing)
Outcome
Application granted in part
Legal Topics
Remote Hearings, Witness Evidence, Committal for Contempt, Article 6 ECHR (fair Trial), Case Management Discretion
Insolvency Civil Procedure Remote Hearings Witness Evidence Committal for Contempt Article 6 ECHR (fair Trial) Case Management Discretion

Case Brief

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Parties

Mobile Telecommunications Company KSCP

Petitioner/respondent

HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud

Debtor/applicant

Procedural Posture

Bankruptcy Petition Under Insolvency Act 1986 / Pre Trial Case Management (application for Remote/hybrid Hearing)

Legal Issues

  1. 1 Whether Prince Hussam, Princess Noorah, and Princess Sarah should be permitted to give evidence remotely at trial
  2. 2 Whether denying remote attendance would breach Article 6 ECHR (right to fair trial)

Ratio Decidendi

Given the real risk of arrest and imprisonment for Prince Hussam if he attends in person, and the importance of his evidence to the jurisdiction issue, denying remote attendance would risk an unfair trial under Article 6 ECHR. Princess Noorah's medical evidence justifies remote attendance. Princess Sarah's reasons are insufficient; she must attend in person.

Court Disposition

Application granted in part

Orders

  • Prince Hussam and Princess Noorah permitted to give evidence remotely at trial, subject to safeguards and arrangements in Riyadh or, if necessary, Prince Hussam's home town.
  • Princess Sarah required to attend and give evidence in person.