The Public Institution for Social Security v Al Rajaan & Ors [2020] EWHC 1498 (Comm) (09 June 2020)

The Public Institution for Social Security v Al Rajaan & Ors [2020] EWHC 1498 (Comm) (09 June 2020)

There is a significant and unexplained discrepancy between the sums allegedly received by Mr. Al Rajaan and the assets disclosed, even accounting for claimed expenditure. This justifies, in principle, further targeted disclosure to support PIFSS's proprietary claim and to make the freezing order effective. The application as now formulated is proportionate and justified, and the court will order further disclosure in the targeted form sought, subject to limitations where PIFSS can obtain information from other sources (such as the Swiss Domestic Materials).

Citation
[2020] EWHC 1498 (Comm)
Parties
Claimant/applicant: The Public Institution for Social Security; First Defendant/respondent: Fahad Maziad Rajaan Al Rajaan & Others
Jurisdiction
England and Wales
Judgment Date
09 June 2020
Procedural Posture
Commercial Court Application for Further Disclosure in Support of a Worldwide Freezing Order and Proprietary Claim / Interlocutory Application for Further Disclosure and Variation of Freezing Order
Outcome
Application granted in part
Legal Topics
Worldwide Freezing Orders, Asset Disclosure, Proprietary Claims, Tracing Remedies, Interlocutory Relief
Civil Procedure Commercial Law Worldwide Freezing Orders Asset Disclosure Proprietary Claims Tracing Remedies Interlocutory Relief

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Parties

The Public Institution for Social Security

Claimant/applicant

Fahad Maziad Rajaan Al Rajaan & Others

First Defendant/respondent

Procedural Posture

Commercial Court Application for Further Disclosure in Support of a Worldwide Freezing Order and Proprietary Claim / Interlocutory Application for Further Disclosure and Variation of Freezing Order

Legal Issues

  1. 1 Whether further disclosure should be ordered to assist tracing of alleged secret commissions and support proprietary claims
  2. 2 Whether there is a material discrepancy between assets received and assets disclosed justifying further orders
  3. 3 Whether the application for further disclosure is proportionate and justified in the circumstances

Ratio Decidendi

There is a significant and unexplained discrepancy between the sums allegedly received by Mr. Al Rajaan and the assets disclosed, even accounting for claimed expenditure. This justifies, in principle, further targeted disclosure to support PIFSS's proprietary claim and to make the freezing order effective. The application as now formulated is proportionate and justified, and the court will order further disclosure in the targeted form sought, subject to limitations where PIFSS can obtain information from other sources (such as the Swiss Domestic Materials).

Court Disposition

Application granted in part

Orders

  • Further targeted disclosure ordered against Mr. Al Rajaan in respect of specified transactions and assets, limited to information not reasonably obtainable by PIFSS from the Swiss Domestic Materials or other sources.
  • Application for variation of the freezing order to include expressly assets disclosed so far is granted.