Mohamed v Breish & Ors

Mohamed v Breish & Ors

Dr Mahmoud stands validly appointed as Chairman of the LIA under Resolution 1, which, despite suffering a violation of law by appointing only five directors instead of seven, remains effective unless and until cancelled by the Libyan administrative courts due to the presumption of validity. None of the other defects...

Source-derived case information.

Parties
Applicant: Dr Ali Mahmoud Hassan Mohamed; First Respondent: Mr Abdulmagid Breish; Second Respondent: Dr Hussein Mohamed Hussein Abdlmora; Third Respondent: Messrs Mark James Shaw and Shane Michael Crooks; Fourth Respondent: The Libyan Investment Authority; Fifth Respondent: Dr Mohsen Derregia
Jurisdiction
England and Wales
Judgment Date
25 March 2020
Procedural Posture
Application for Declaratory Relief and Discharge of Receiverships / Final Judgment After Trial of Defined Issues
Outcome
Declaration granted confirming Dr Mahmoud's valid appointment as LIA Chairman; receiverships continued with liberty to renew discharge application after specified dates.
Legal Topics
Presumption of Validity of Administrative Acts, Interpretation of Foreign Law, Receivership, Sovereign Wealth Fund Governance, Recognition of Foreign Governments, Libyan Political Agreement, Appointment of Public Officers
Public International Law Administrative Law Commercial Law Presumption of Validity of Administrative Acts Interpretation of Foreign Law Receivership Sovereign Wealth Fund Governance Recognition of Foreign Governments +2 more

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Parties

Dr Ali Mahmoud Hassan Mohamed

Applicant

Mr Abdulmagid Breish

First Respondent

Dr Hussein Mohamed Hussein Abdlmora

Second Respondent

Messrs Mark James Shaw and Shane Michael Crooks

Third Respondent

The Libyan Investment Authority

Fourth Respondent

Dr Mohsen Derregia

Fifth Respondent

Procedural Posture

Application for Declaratory Relief and Discharge of Receiverships / Final Judgment After Trial of Defined Issues

Legal Issues

  1. 1 Whether Dr Mahmoud is validly appointed Chairman of the LIA under Libyan law
  2. 2 Whether Resolution 1 and Resolution 12 are valid and effective under Libyan law
  3. 3 Whether defects in appointment process render Resolution 1 liable to cancellation

Ratio Decidendi

Dr Mahmoud stands validly appointed as Chairman of the LIA under Resolution 1, which, despite suffering a violation of law by appointing only five directors instead of seven, remains effective unless and until cancelled by the Libyan administrative courts due to the presumption of validity. None of the other defects or objections raised by respondents undermine his current authority. The receiverships are to continue pending determination of appeals and practicalities, with liberty to Dr Mahmoud to renew applications for discharge after 20 July 2020 or after appellate judgment.

Court Disposition

Declaration granted confirming Dr Mahmoud's valid appointment as LIA Chairman; receiverships continued with liberty to renew discharge application after specified dates.

Orders

  • Declaration that Dr Mahmoud stands validly appointed as Chairman of the LIA since 15 July 2017, appointment not expired, withdrawn, terminated or cancelled.
  • Order continuing receiverships; liberty to Dr Mahmoud to renew application for discharge not before 20 July 2020 or after appellate judgment.