Jalal Bezee Mejel Al-Gaood & Partner & Anor v Innospec Ltd & Ors

Jalal Bezee Mejel Al-Gaood & Partner & Anor v Innospec Ltd & Ors

The claimants failed to prove that there was any decision by the Iraqi Ministry of Oil in October/November 2003 to replace TEL with MMT, or that the 2004 LTPA was procured by bribery, or that any alleged bribery caused the loss of MMT sales. The contemporaneous evidence showed the Ministry intended to use TEL and MMT in parallel, not to replace TEL. The technical and economic realities meant TEL would have been used regardless. The claim is therefore dismissed.

Parties
Claimant: Jalal Bezee Mejel Al-Gaood & Partner; Claimant: Future Agencies Company Limited; Defendant: Innospec Limited; Defendant: Innospec Inc; Defendant: David Turner
Jurisdiction
England and Wales
Judgment Date
08 October 2014
Procedural Posture
Commercial Court Civil Claim / Final Judgment After Full Trial
Outcome
Claim dismissed
Legal Topics
Unlawful Means Conspiracy, Bribery and Corruption, Causation, Damages, Foreign Corrupt Practices, Oil and Gas Industry Contracts
Tort Commercial Law International Law Unlawful Means Conspiracy Bribery and Corruption Causation Damages Foreign Corrupt Practices +1 more

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Parties

Jalal Bezee Mejel Al-Gaood & Partner

Claimant

Future Agencies Company Limited

Claimant

Innospec Limited

Defendant

Innospec Inc

Defendant

David Turner

Defendant

Procedural Posture

Commercial Court Civil Claim / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants conspired to injure the claimants by unlawful means (bribery and corruption) to prevent sales of MMT in Iraq
  2. 2 Whether the 2004 Long Term Purchase Agreement (LTPA) for TEL was procured by bribery
  3. 3 Whether any alleged bribery was causative of loss to the claimants

Ratio Decidendi

The claimants failed to prove that there was any decision by the Iraqi Ministry of Oil in October/November 2003 to replace TEL with MMT, or that the 2004 LTPA was procured by bribery, or that any alleged bribery caused the loss of MMT sales. The contemporaneous evidence showed the Ministry intended to use TEL and MMT in parallel, not to replace TEL. The technical and economic realities meant TEL would have been used regardless. The claim is therefore dismissed.

Court Disposition

Claim dismissed

Orders

  • Claimants' claim is dismissed in its entirety.