Bouhadi v Breish

Bouhadi v Breish

Given the UK government’s formal communication that it does not recognise either the Tobruk or Tripoli governments and prioritises 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. There is no countervailing or paramount factor requiring immediate determination, and the receivership arrangement over the LIA litigation remains effective.

Parties
Claimant: Hassan Bouhadi; Defendant: Abdulmagid Breish
Jurisdiction
England and Wales
Judgment Date
17 March 2016
Procedural Posture
Commercial Court Claim / Adjournment of Trial; Reasons for Adjournment
Outcome
Adjourned with liberty to restore; costs reserved
Legal Topics
Recognition of Governments, Sovereign Wealth Funds, Receivership, Judicial Restraint, Foreign Relations Law
Public International Law Commercial Law Recognition of Governments Sovereign Wealth Funds Receivership Judicial Restraint Foreign Relations Law

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Parties

Hassan Bouhadi

Claimant

Abdulmagid Breish

Defendant

Procedural Posture

Commercial Court Claim / Adjournment of Trial; Reasons for Adjournment

Legal Issues

  1. 1 Which regime in Libya should be treated as the government for English court purposes
  2. 2 Who is the legitimate chairman of the Libyan Investment Authority (LIA)
  3. 3 Effect of UK government position on recognition of foreign governments

Ratio Decidendi

Given the UK government’s formal communication that it does not recognise either the Tobruk or Tripoli governments and prioritises 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. There is no countervailing or paramount factor requiring immediate determination, and the receivership arrangement over the LIA litigation remains effective.

Court Disposition

Adjourned with liberty to restore; costs reserved

Orders

  • Proceedings adjourned with liberty to restore
  • Costs reserved