Mahmood Jasim Zeboon Alsaady v Ali Al Hamadani & Ors

Mahmood Jasim Zeboon Alsaady v Ali Al Hamadani & Ors

The Claimant's initiation of parallel proceedings in Iraq after substantially losing in England constitutes vexatious and oppressive conduct. The English court's jurisdiction and the finality of its litigation must be protected. No sufficient evidence was adduced to show that Iraqi authorities compelled the Claimant or that Iraqi heritage law should override the English court's discretion. An anti-suit injunction is granted to restrain the Iraqi proceedings.

Parties
Claimant/respondent: Mahmood Jasim Zeboon Alsaady; Defendant/applicant: Ali Al Hamadani; Defendant/applicant: Almaghir Al Hamadani; Defendant/applicant: Yaseen Al Hamadani; Defendant/applicant: Alhasan Al Hamadani; Defendant: H&H Gallery (A Firm); Defendant: H&H Gallery Limited; Defendant: Hamdani Brothers Limited
Jurisdiction
England and Wales
Judgment Date
14 July 2025
Procedural Posture
Application for Anti Suit Injunction / Post Trial, Determination of ASI Application
Outcome
Anti-suit injunction granted; costs awarded to Applicants on standard basis.
Legal Topics
Anti Suit Injunctions, Parallel Proceedings, Comity, Vexatious Litigation, Partnership Disputes, Cultural Property
Civil Procedure International Litigation Commercial Law Anti Suit Injunctions Parallel Proceedings Comity Vexatious Litigation Partnership Disputes +1 more

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Parties

Mahmood Jasim Zeboon Alsaady

Claimant/respondent

Ali Al Hamadani

Defendant/applicant

Almaghir Al Hamadani

Defendant/applicant

Yaseen Al Hamadani

Defendant/applicant

Alhasan Al Hamadani

Defendant/applicant

H&H Gallery (A Firm)

Defendant

H&H Gallery Limited

Defendant

Hamdani Brothers Limited

Defendant

Procedural Posture

Application for Anti Suit Injunction / Post Trial, Determination of ASI Application

Legal Issues

  1. 1 Whether the Claimant's initiation of parallel proceedings in Iraq constitutes vexatious or oppressive conduct justifying an anti-suit injunction
  2. 2 Whether principles of comity and Iraqi heritage law affect the grant of an anti-suit injunction
  3. 3 Whether costs should be awarded and on what basis

Ratio Decidendi

The Claimant's initiation of parallel proceedings in Iraq after substantially losing in England constitutes vexatious and oppressive conduct. The English court's jurisdiction and the finality of its litigation must be protected. No sufficient evidence was adduced to show that Iraqi authorities compelled the Claimant or that Iraqi heritage law should override the English court's discretion. An anti-suit injunction is granted to restrain the Iraqi proceedings.

Court Disposition

Anti-suit injunction granted; costs awarded to Applicants on standard basis.

Orders

  • Order restraining the Claimant from pursuing the Iraqi proceedings against the Applicants, save as regards claims compelled by Iraqi authorities relating to heritage protection (subject to evidence)
  • Costs awarded to Applicants on standard basis, to be determined summarily on paper