Bank of Beirut S.A.L. & Anor v HRH Prince Adel El-Hashemite & Anor

Bank of Beirut S.A.L. & Anor v HRH Prince Adel El-Hashemite & Anor

The Prince had no real prospect of establishing authority from the Banks; the registrations were procured by fraud and forgery. The conclusive evidence provision in s.8C of the Limited Partnerships Act 1907 prevents the Court from ordering removal of the partnerships from the register, even if procured by fraud....

Source-derived case information.

Parties
Claimant: Bank of Beirut S.A.L.; Claimant: Banque du Liban; Claimant: Arab National Bank; Defendant: HRH Prince Adel El-Hashemite; Defendant: The Registrar of Companies for England and Wales
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Civil / Summary Judgment and Final Orders
Outcome
Summary judgment granted against the Prince; declaratory, injunctive, and indemnity relief granted. No order against the Registrar.
Legal Topics
Limited Partnerships, Forgery, Power of Attorney, Rectification of Register, Unlawful Interference With Business, Conclusive Evidence Provisions
Commercial Law Fraud Company Law Limited Partnerships Forgery Power of Attorney Rectification of Register Unlawful Interference With Business +1 more

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Parties

Bank of Beirut S.A.L.

Claimant

Banque du Liban

Claimant

Arab National Bank

Claimant

HRH Prince Adel El-Hashemite

Defendant

The Registrar of Companies for England and Wales

Defendant

Procedural Posture

Civil / Summary Judgment and Final Orders

Legal Issues

  1. 1 Whether the Prince had authority to act for the Banks via power of attorney
  2. 2 Whether the registration of limited partnerships was procured by fraud
  3. 3 Whether the Registrar can be ordered to remove fraudulent registrations given statutory conclusive evidence provisions

Ratio Decidendi

The Prince had no real prospect of establishing authority from the Banks; the registrations were procured by fraud and forgery. The conclusive evidence provision in s.8C of the Limited Partnerships Act 1907 prevents the Court from ordering removal of the partnerships from the register, even if procured by fraud. Declaratory, injunctive, and indemnity relief against the Prince is justified; no order against the Registrar is possible.

Court Disposition

Summary judgment granted against the Prince; declaratory, injunctive, and indemnity relief granted. No order against the Registrar.

Orders

  • Declarations that the Limited Partnership Agreements purportedly made by the Banks and the Prince are not the deed of the Banks and are void.
  • Declaration that the Prince holds no power of attorney on behalf of the Banks.