Abdel Hadi Abdallah Al Qahtani & Sons Beverage Industry Company v Antliff

Abdel Hadi Abdallah Al Qahtani & Sons Beverage Industry Company v Antliff

Mr Antliff was in breach of contract and Sharia law from 7 November 2005 by continuing his consultancy with Intercan and receiving secret commissions, which constituted a conflict of interest and bribery. The sums received are recoverable by AQS as damages, and the Saudi Primary Commission's decision does not create an estoppel.

Parties
Claimant: Abdel Hadi Abdallah Al Qahtani & Sons Beverage Industry Company; Defendant: Andrew Antliff
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Civil (commercial) / Judgment After Trial
Outcome
Judgment for Claimant
Legal Topics
Bribery, Secret Commissions, Breach of Contract, Res Judicata, Damages, Saudi Law, Sharia Law
Employment Law Commercial Law Conflict of Laws Bribery Secret Commissions Breach of Contract Res Judicata Damages +2 more

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Parties

Abdel Hadi Abdallah Al Qahtani & Sons Beverage Industry Company

Claimant

Andrew Antliff

Defendant

Procedural Posture

Civil (commercial) / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Antliff was liable to account for secret commissions and bribes received during his employment with AQS under Saudi/Sharia law and contract
  2. 2 Whether the employment contract was effective from 7 November 2005 or later
  3. 3 Whether the receipt of commissions constituted a conflict of interest and breach of contract

Ratio Decidendi

Mr Antliff was in breach of contract and Sharia law from 7 November 2005 by continuing his consultancy with Intercan and receiving secret commissions, which constituted a conflict of interest and bribery. The sums received are recoverable by AQS as damages, and the Saudi Primary Commission's decision does not create an estoppel.

Court Disposition

Judgment for Claimant

Orders

  • Defendant to pay Claimant £695,345.29 and US$784,482.24 as damages for bribes/secret commissions received
  • Interest to be determined under English law