Al-Subaihi & Anor v Al-Sanea

Al-Subaihi & Anor v Al-Sanea

The court refused to impose an unless order with strike-out sanction because Mr Al-Muzein was no longer persistently disobedient, had accepted his breach, intended to comply, and faced special circumstances including detention and practical difficulties. The automatic sanction would be disproportionate and inappropriate in these circumstances.

Parties
Claimant: Abdulrahman Bin Abdullah Bin Ibrahim Al-Subaihi; Claimant: Jamal Abdullah Al-Muzein; Defendant: Mishal Maan Al-Sanea
Jurisdiction
England and Wales
Judgment Date
13 November 2020
Procedural Posture
Commercial Claim / Interlocutory Application for Unless Order
Outcome
application for unless order dismissed
Legal Topics
Disclosure, Unless Orders, Strike Out, Sanctions, Case Management
Civil Procedure Commercial Law Disclosure Unless Orders Strike Out Sanctions Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Abdulrahman Bin Abdullah Bin Ibrahim Al-Subaihi

Claimant

Jamal Abdullah Al-Muzein

Claimant

Mishal Maan Al-Sanea

Defendant

Procedural Posture

Commercial Claim / Interlocutory Application for Unless Order

Legal Issues

  1. 1 Whether an unless order should be imposed for breach of disclosure obligations
  2. 2 Whether special circumstances justify refusal of a strike-out sanction

Ratio Decidendi

The court refused to impose an unless order with strike-out sanction because Mr Al-Muzein was no longer persistently disobedient, had accepted his breach, intended to comply, and faced special circumstances including detention and practical difficulties. The automatic sanction would be disproportionate and inappropriate in these circumstances.

Court Disposition

application for unless order dismissed

Orders

  • Mr Al-Muzein to comply with disclosure obligations by 15 January 2021
  • Reporting requirement imposed: Mr Al-Muzein's solicitors to inform defendant as soon as possible if compliance by deadline is not achievable and to explain reasons and propose revised date