Dar Al Arkan Real Estate Development Co & Anor v Refai & Ors

Dar Al Arkan Real Estate Development Co & Anor v Refai & Ors

CPR 81.4(3) permits committal proceedings against directors of foreign companies outside the jurisdiction when the company is properly before the English court; the committal application notice is a claim form for purposes of service out; there is a real issue between the applicant and the corporate defendants and their director; public interest in enforcement of court orders justifies extra-territorial effect; appeal dismissed.

Parties
Claimant/respondent: Dar Al Arkan Real Estate Development Co; Claimant/respondent: Bank Alkhair BSC; Defendant: Majid Al-Sayed Bader Hashim Al Refai; Defendant/applicant/respondent to Appeal: Kroll Associates UK Ltd; Defendant: Alexander Richardson; Defendant: FTI Consulting Group Ltd; Non Party/respondent/appellant: Sheikh Abdullatif Abdullah S. Al Shalash
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Extra Territorial Effect of Committal Orders, Service Out of Jurisdiction, Brussels I Regulation Article 22(5), Civil Contempt by Corporate Officers
Civil Procedure Contempt of Court International Jurisdiction Extra Territorial Effect of Committal Orders Service Out of Jurisdiction Brussels I Regulation Article 22(5) Civil Contempt by Corporate Officers

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Parties

Dar Al Arkan Real Estate Development Co

Claimant/respondent

Bank Alkhair BSC

Claimant/respondent

Majid Al-Sayed Bader Hashim Al Refai

Defendant

Kroll Associates UK Ltd

Defendant/applicant/respondent to Appeal

Alexander Richardson

Defendant

FTI Consulting Group Ltd

Defendant

Sheikh Abdullatif Abdullah S. Al Shalash

Non Party/respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does CPR 81.4(3) permit committal proceedings against foreign directors outside the jurisdiction?
  2. 2 Is a committal application notice a 'claim form' for purposes of CPR 6.36 and PD 6B gateway (3)?
  3. 3 Is there a 'real issue' between the applicant and the corporate defendants and their director for service out?

Ratio Decidendi

CPR 81.4(3) permits committal proceedings against directors of foreign companies outside the jurisdiction when the company is properly before the English court; the committal application notice is a claim form for purposes of service out; there is a real issue between the applicant and the corporate defendants and their director; public interest in enforcement of court orders justifies extra-territorial effect; appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • No change to the High Court order; committal proceedings against Sheikh Abdullatif permitted under CPR 81.4(3) and CPR 6.36/PD 6B gateway (3); cross-appeal not determined