Mohamed v Breish & Ors

Mohamed v Breish & Ors

The 'one voice' doctrine precludes any challenge in English courts to the validity of acts of a recognised foreign government on the basis that it is not lawfully constituted under local law; thus, Resolution 12 appointing Dr Mahmoud as Chairman of the LIA cannot be impugned on such grounds.

Parties
Applicant: Dr Ali Mahmoud Hassan Mohamed; First Respondent: Mr Abdulmagid Breish; Second Respondent: Dr Hussein Mohamed Hussein Abdlmora; Third Respondent: Mark James Shaw; Third Respondent: Shane Michael Crooks; Fourth Respondent: The Libyan Investment Authority
Jurisdiction
England and Wales
Judgment Date
10 July 2019
Procedural Posture
Application for Declaratory Relief and Discharge of Receiverships / Post Preliminary Issues, Case Management and Determination of Further Issues
Outcome
Paragraph 12.5 of Mr Breish's position statement struck out; issues for next hearing defined; stay application rejected.
Legal Topics
Recognition of Foreign Governments, One Voice Doctrine, Validity of Executive Acts Under Foreign Law, Libyan Administrative Law, Appointment of Corporate Officers
Public International Law Commercial Law Recognition of Foreign Governments One Voice Doctrine Validity of Executive Acts Under Foreign Law Libyan Administrative Law Appointment of Corporate Officers

Case Brief

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Parties

Dr Ali Mahmoud Hassan Mohamed

Applicant

Mr Abdulmagid Breish

First Respondent

Dr Hussein Mohamed Hussein Abdlmora

Second Respondent

Mark James Shaw

Third Respondent

Shane Michael Crooks

Third Respondent

The Libyan Investment Authority

Fourth Respondent

Procedural Posture

Application for Declaratory Relief and Discharge of Receiverships / Post Preliminary Issues, Case Management and Determination of Further Issues

Legal Issues

  1. 1 Whether the 'one voice' doctrine precludes challenge to acts of a recognised foreign government on grounds of local law constitutionality
  2. 2 Validity of Resolution 12 appointing Dr Mahmoud as Chairman of LIA
  3. 3 Whether Resolution 12 was issued by the proper authority under Libyan law

Ratio Decidendi

The 'one voice' doctrine precludes any challenge in English courts to the validity of acts of a recognised foreign government on the basis that it is not lawfully constituted under local law; thus, Resolution 12 appointing Dr Mahmoud as Chairman of the LIA cannot be impugned on such grounds.

Court Disposition

Paragraph 12.5 of Mr Breish's position statement struck out; issues for next hearing defined; stay application rejected.

Orders

  • Paragraph 12.5 of Mr Breish's position statement struck out.
  • Certain sentences in paragraphs 12.6(9)(a), 7.2, and 8 of Mr Breish's position statement struck out.