The Public Institution for Social Security v Al Rajaan & Ors

The Public Institution for Social Security v Al Rajaan & Ors

There is a significant unexplained discrepancy between the monies received by Mr. Al Rajaan and assets disclosed, even accounting for expenditure and other factors. Targeted, incremental disclosure is justified and proportionate to enable tracing of assets subject to proprietary claim and to make the WFO effective. Disclosure regarding specific transfers, companies, and gifts is ordered, but requests relating to assets where information is available via Swiss Domestic Materials or where claims are speculative are declined. Disclosure regarding the Dukesmews and Myrose trusts is ordered to the extent of current assets and relevant information.

Parties
Claimant/applicant: The Public Institution for Social Security; First Defendant/respondent: Fahad Maziad Rajaan Al Rajaan
Jurisdiction
England and Wales
Judgment Date
09 June 2020
Procedural Posture
Commercial Court Application for Further Disclosure in Support of Worldwide Freezing Order / Ruling on Application for Further Disclosure and Related Relief
Outcome
Application for further disclosure granted in part; targeted disclosure orders made; some requests declined as disproportionate or speculative.
Legal Topics
Worldwide Freezing Orders, Disclosure Orders, Proprietary Claims, Tracing Remedies, Trust Asset Disclosure, Variation of Injunctions
Civil Procedure Asset Recovery Trusts and Equity Worldwide Freezing Orders Disclosure Orders Proprietary Claims Tracing Remedies Trust Asset Disclosure +1 more

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Parties

The Public Institution for Social Security

Claimant/applicant

Fahad Maziad Rajaan Al Rajaan

First Defendant/respondent

Procedural Posture

Commercial Court Application for Further Disclosure in Support of Worldwide Freezing Order / Ruling on Application for Further Disclosure and Related Relief

Legal Issues

  1. 1 Whether further disclosure should be ordered to assist tracing of alleged secret commissions
  2. 2 Whether disclosure regarding two trusts (Myrose and Dukesmews) should be ordered
  3. 3 Whether further disclosure regarding assets not fully disclosed in original affidavit should be ordered

Ratio Decidendi

There is a significant unexplained discrepancy between the monies received by Mr. Al Rajaan and assets disclosed, even accounting for expenditure and other factors. Targeted, incremental disclosure is justified and proportionate to enable tracing of assets subject to proprietary claim and to make the WFO effective. Disclosure regarding specific transfers, companies, and gifts is ordered, but requests relating to assets where information is available via Swiss Domestic Materials or where claims are speculative are declined. Disclosure regarding the Dukesmews and Myrose trusts is ordered to the extent of current assets and relevant information.

Court Disposition

Application for further disclosure granted in part; targeted disclosure orders made; some requests declined as disproportionate or speculative.

Orders

  • Mr. Al Rajaan to provide bank statements and information regarding specified transfers as set out in Schedule 3, to the best of his ability.
  • Mr. Al Rajaan to provide information regarding disposal of assets held by Bernabeu Investments Ltd and Bordertown Trader Ltd prior to liquidation.