Invest Bank PSC v Ahmad Mohammad El-Husseini & Ors

Invest Bank PSC v Ahmad Mohammad El-Husseini & Ors

The court found that, except for intra-family communications, the Bank had not established a failure to comply with disclosure obligations or justified variation orders under PD 57AD. Only limited further disclosure was ordered for intra-family communications, with other relief denied due to lack of evidence, disproportionality, or failure to meet procedural requirements.

Parties
Claimant: Invest Bank P. S. C.; Defendant: Ahmad Mohammad El-Husseini; Defendant: Mohammed Ahmad El-Husseiny; Defendant: Alexander Ahmad El-Husseiny; Defendant: Ziad Ahmad El-Husseiny; Defendant: Ramzy Ahmad El-Husseiny; Defendant: Joan Eva Henry; Defendant: Virtue Trustees (Switzerland) A. G.; Defendant: Global Green Development Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Commercial Court Application / Interlocutory Judgment on Disclosure Applications
Outcome
Partial grant of disclosure relief; majority of applications dismissed.
Legal Topics
Disclosure, Asset Dissipation, Section 423 Insolvency Act, Privilege, Control of Documents
Civil Procedure Insolvency Banking Disclosure Asset Dissipation Section 423 Insolvency Act Privilege Control of Documents

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Parties

Invest Bank P. S. C.

Claimant

Ahmad Mohammad El-Husseini

Defendant

Mohammed Ahmad El-Husseiny

Defendant

Alexander Ahmad El-Husseiny

Defendant

Ziad Ahmad El-Husseiny

Defendant

Ramzy Ahmad El-Husseiny

Defendant

Joan Eva Henry

Defendant

Virtue Trustees (Switzerland) A. G.

Defendant

Global Green Development Limited

Defendant

Procedural Posture

Commercial Court Application / Interlocutory Judgment on Disclosure Applications

Legal Issues

  1. 1 Whether disclosure respondents should re-perform or perform disclosure obligations
  2. 2 Treatment of intra-family communications in disclosure
  3. 3 Production of bank statements and records

Ratio Decidendi

The court found that, except for intra-family communications, the Bank had not established a failure to comply with disclosure obligations or justified variation orders under PD 57AD. Only limited further disclosure was ordered for intra-family communications, with other relief denied due to lack of evidence, disproportionality, or failure to meet procedural requirements.

Court Disposition

Partial grant of disclosure relief; majority of applications dismissed.

Orders

  • Mohammed, Ziad, Ramzy, Joan, and Alexander to re-perform disclosure for intra-family communications within specified parameters and timeframe.
  • Alexander to perform full disclosure by 13 May 2024.