Bouhadi v Breish [2016] EWHC 602 (Comm) (17 March 2016)

Bouhadi v Breish [2016] EWHC 602 (Comm) (17 March 2016)

Given the FCO's formal communication that HMG recognises neither the Tobruk nor Tripoli governments and supports the establishment of a Government of National Accord, it would be contrary to principle and premature for the court to rule on the chairmanship of the LIA at this time; public policy and the government's stated position require judicial restraint.

Citation
[2016] EWHC 602 (Comm)
Parties
Claimant: Hassan Bouhadi; Defendant: Abdulmagid Breish
Jurisdiction
England and Wales
Judgment Date
17 March 2016
Procedural Posture
Commercial Court Claim / Adjournment Decision at Trial
Outcome
Adjourned with liberty to restore
Legal Topics
Recognition of Governments, Sovereign Wealth Funds, Receivership, Judicial Restraint
Public International Law Commercial Law Recognition of Governments Sovereign Wealth Funds Receivership Judicial Restraint

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Parties

Hassan Bouhadi

Claimant

Abdulmagid Breish

Defendant

Procedural Posture

Commercial Court Claim / Adjournment Decision at Trial

Legal Issues

  1. 1 Which regime in Libya should the English court treat as the government for purposes of the Libyan Investment Authority's leadership?
  2. 2 Should the court determine the chairmanship of the LIA in light of the UK's position and international developments?

Ratio Decidendi

Given the FCO's formal communication that HMG recognises neither the Tobruk nor Tripoli governments and supports the establishment of a Government of National Accord, it would be contrary to principle and premature for the court to rule on the chairmanship of the LIA at this time; public policy and the government's stated position require judicial restraint.

Court Disposition

Adjourned with liberty to restore

Orders

  • Proceedings adjourned with liberty to restore
  • Costs reserved