Abdullah Nasser Bin Obaid & Ors v Khalid Abdullah Al-Hezami & Ors

Abdullah Nasser Bin Obaid & Ors v Khalid Abdullah Al-Hezami & Ors

On the true construction of the Settlement Deed, claims that the Deleted Payments, the January 2015 Payment, or the August 2013 Payment were loans to Dr Al-Hezaimi (including those made in the 2019 Saudi Proceedings) do not arise out of or in connection with the Main Action and were not settled, released, or waived by the Settlement Deed. Claims for rectification (common or unilateral mistake) would have failed as there was no common intention or knowledge of mistake between the parties regarding the scope of the release.

Parties
First Claimant: Abdullah Nasser Bin Obaid; Second Claimant: OH-NA Real Estate Company Limited; Third Claimant: TAQA Investment Company; First Defendant: Khalid Abdullah Al-Hezaimi; Second Defendant: OFY Limited; Third Defendant: Latifah Assets Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2022
Procedural Posture
Civil (commercial/contract) / Judgment After Trial
Outcome
Claim for declaration allowed in part; claim for rectification dismissed (would have failed if necessary to decide).
Legal Topics
Settlement Agreements, Rectification, Interpretation of Contracts, Release of Claims
Contract Law Equity Civil Procedure Settlement Agreements Rectification Interpretation of Contracts Release of Claims

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Parties

Abdullah Nasser Bin Obaid

First Claimant

OH-NA Real Estate Company Limited

Second Claimant

TAQA Investment Company

Third Claimant

Khalid Abdullah Al-Hezaimi

First Defendant

OFY Limited

Second Defendant

Latifah Assets Limited

Third Defendant

Procedural Posture

Civil (commercial/contract) / Judgment After Trial

Legal Issues

  1. 1 Whether the Settlement Deed settled, released, or waived claims relating to certain payments (the Deleted Payments, January 2015 Payment, August 2013 Payment) as loans to Dr Al-Hezaimi, including claims in the 2019 Saudi Proceedings
  2. 2 Whether the Settlement Deed should be rectified for common or unilateral mistake

Ratio Decidendi

On the true construction of the Settlement Deed, claims that the Deleted Payments, the January 2015 Payment, or the August 2013 Payment were loans to Dr Al-Hezaimi (including those made in the 2019 Saudi Proceedings) do not arise out of or in connection with the Main Action and were not settled, released, or waived by the Settlement Deed. Claims for rectification (common or unilateral mistake) would have failed as there was no common intention or knowledge of mistake between the parties regarding the scope of the release.

Court Disposition

Claim for declaration allowed in part; claim for rectification dismissed (would have failed if necessary to decide).

Orders

  • Declaration that the Settlement Deed does not settle, release, or waive claims that the Deleted Payments, the January 2015 Payment, or the August 2013 Payment were loans to Dr Al-Hezaimi, including claims in the 2019 Saudi Proceedings.
  • Rectification claim dismissed.