Apex Global Management Ltd v Fi Call Ltd& Ors [2013] EWHC 587 (Ch) (19 March 2013)

Apex Global Management Ltd v Fi Call Ltd& Ors [2013] EWHC 587 (Ch) (19 March 2013)

The Princes are not entitled to immunity under section 20(1)(b) SIA as members of King Abdullah's family forming part of his household because, on the evidence, they do not form part of the King's household in the relevant sense. Even if they did, the proceedings relate to commercial activities outside any official function, and the commercial activity exception in article 31.1(c) DPA would apply, removing immunity.

Citation
[2013] EWHC 587 (Ch)
Parties
Petitioner: Apex Global Management Limited; 1st Respondent: Fi Call Limited; 2nd Respondent: Global Torch Limited; 3rd Respondent: HRH Prince Abdulaziz bin Mishal bin Abdulaziz Al Saud; 4th Respondent: Emad Mahmoud Ahmed Abu-Ayshih; 5th Respondent: HRH Prince Mishal bin Abdulaziz Al Saud
Jurisdiction
England and Wales
Judgment Date
19 March 2013
Procedural Posture
Company Law Petition Under Section 994 Companies Act 2006 / Interlocutory Application on Sovereign Immunity and Jurisdiction
Outcome
Application for immunity dismissed; court has jurisdiction over the Princes.
Legal Topics
Sovereign Immunity, Diplomatic Immunity, Jurisdiction, Section 994 Petition, State Immunity Act 1978, Diplomatic Privileges Act 1964
Company Law International Law Immunity Law Sovereign Immunity Diplomatic Immunity Jurisdiction Section 994 Petition State Immunity Act 1978 +1 more

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Parties

Apex Global Management Limited

Petitioner

Fi Call Limited

1st Respondent

Global Torch Limited

2nd Respondent

HRH Prince Abdulaziz bin Mishal bin Abdulaziz Al Saud

3rd Respondent

Emad Mahmoud Ahmed Abu-Ayshih

4th Respondent

HRH Prince Mishal bin Abdulaziz Al Saud

5th Respondent

Procedural Posture

Company Law Petition Under Section 994 Companies Act 2006 / Interlocutory Application on Sovereign Immunity and Jurisdiction

Legal Issues

  1. 1 Whether HRH Prince Abdulaziz and HRH Prince Mishal are entitled to claim immunity under section 20(1)(b) of the State Immunity Act 1978 as 'members of [King Abdullah's] family forming part of his household'
  2. 2 Whether, if so, the proceedings fall within the commercial activity exception to immunity under article 31.1(c) of schedule 1 to the Diplomatic Privileges Act 1964

Ratio Decidendi

The Princes are not entitled to immunity under section 20(1)(b) SIA as members of King Abdullah's family forming part of his household because, on the evidence, they do not form part of the King's household in the relevant sense. Even if they did, the proceedings relate to commercial activities outside any official function, and the commercial activity exception in article 31.1(c) DPA would apply, removing immunity.

Court Disposition

Application for immunity dismissed; court has jurisdiction over the Princes.

Orders

  • The Princes' applications challenging jurisdiction and claiming immunity are dismissed.
  • Proceedings against the Princes may continue.