Sawiris & Ors v Marwan

Sawiris & Ors v Marwan

Mr. Sawiris was not entitled to deduct his Egyptian proceedings costs from the sums repaid by Mr. Marwan, as the proceedings were brought to exert pressure rather than recover advances, and he breached clause 14(b) by presenting cheques without tendering their return. Mr. Marwan is entitled to damages for reasonable costs incurred defending the Egyptian criminal proceedings, but not for the Lebanese proceedings, as the predominant intent was to enforce the MOU, not to injure. No compound or enhanced interest is implied into the MOU; only simple interest at LIBOR plus 1% is awarded from 7 April 2008 to 26 June 2008. Costs are apportioned: Mr. Marwan recovers 50% up to 7 April 2008,...

Parties
Claimant: Naguib Sawiris; Claimant: Cylo Investment Limited; Claimant: Melody Group Limited; Claimant: Gemini Technologies Limited; Defendant: Gamal Marwan
Jurisdiction
England and Wales
Judgment Date
28 January 2010
Procedural Posture
Commercial / Post Trial Judgment on Ancillary Issues
Outcome
Judgment for both parties in part; ancillary issues determined as specified.
Legal Topics
Memorandum of Understanding, Damages, Interest, Costs, Breach of Contract, Implied Terms, Jurisdiction
Contract Law Commercial Law Memorandum of Understanding Damages Interest Costs Breach of Contract Implied Terms +1 more

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Parties

Naguib Sawiris

Claimant

Cylo Investment Limited

Claimant

Melody Group Limited

Claimant

Gemini Technologies Limited

Claimant

Gamal Marwan

Defendant

Procedural Posture

Commercial / Post Trial Judgment on Ancillary Issues

Legal Issues

  1. 1 Whether costs incurred by Mr. Sawiris in Egyptian proceedings should be deducted from sums repaid by Mr. Marwan
  2. 2 Whether Mr. Marwan is entitled to damages for costs incurred defending Egyptian criminal proceedings
  3. 3 Whether Mr. Marwan is entitled to damages for costs incurred defending Lebanese proceedings

Ratio Decidendi

Mr. Sawiris was not entitled to deduct his Egyptian proceedings costs from the sums repaid by Mr. Marwan, as the proceedings were brought to exert pressure rather than recover advances, and he breached clause 14(b) by presenting cheques without tendering their return. Mr. Marwan is entitled to damages for reasonable costs incurred defending the Egyptian criminal proceedings, but not for the Lebanese proceedings, as the predominant intent was to enforce the MOU, not to injure. No compound or enhanced interest is implied into the MOU; only simple interest at LIBOR plus 1% is awarded from 7 April 2008 to 26 June 2008. Costs are apportioned: Mr. Marwan recovers 50% up to 7 April 2008,...

Court Disposition

Judgment for both parties in part; ancillary issues determined as specified.

Orders

  • No deduction from sums repaid by Mr. Marwan for Mr. Sawiris' Egyptian proceedings costs.
  • Mr. Marwan awarded $85,000 as damages for costs of defending Egyptian criminal proceedings.