Shaw & Anor v Breish & Ors

Shaw & Anor v Breish & Ors

The receivership order should be amended to grant the receivers the power to apply for collateral use of documents, as this is necessary for the effective enforcement of the LIA's rights and is not precluded by unresolved questions of authority or capacity. There is no justification for making the amendment retrospective.

Parties
Applicant/receiver and Manager: Mr Mark Shaw; Applicant/receiver and Manager: Mr Shane Crooks; Respondent: Mr Abdulmagid Breish; Respondent: Dr Ali Mahmoud Hassan Mohamed; Respondent: Dr Abdelsalam Alkizza; Respondent: The Libyan Investment Authority; Intervener: Mr Walid Giahmi
Jurisdiction
England and Wales
Judgment Date
21 November 2017
Procedural Posture
Receivership Application / Application to Amend Receivership Order
Outcome
Application granted in part
Legal Topics
Amendment of Receivership Order, Authority of Receivers, Collateral Use of Disclosed Documents, Capacity to Sue, Retrospective Effect of Orders
Civil Procedure Receivership International Law Amendment of Receivership Order Authority of Receivers Collateral Use of Disclosed Documents Capacity to Sue Retrospective Effect of Orders

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Parties

Mr Mark Shaw

Applicant/receiver and Manager

Mr Shane Crooks

Applicant/receiver and Manager

Mr Abdulmagid Breish

Respondent

Dr Ali Mahmoud Hassan Mohamed

Respondent

Dr Abdelsalam Alkizza

Respondent

The Libyan Investment Authority

Respondent

Mr Walid Giahmi

Intervener

Procedural Posture

Receivership Application / Application to Amend Receivership Order

Legal Issues

  1. 1 Whether to amend the receivership order to grant receivers power to apply for collateral use of documents
  2. 2 Whether the amendment should have retrospective effect
  3. 3 Whether the receivers have authority to act on behalf of the LIA

Ratio Decidendi

The receivership order should be amended to grant the receivers the power to apply for collateral use of documents, as this is necessary for the effective enforcement of the LIA's rights and is not precluded by unresolved questions of authority or capacity. There is no justification for making the amendment retrospective.

Court Disposition

Application granted in part

Orders

  • The first receivership order is amended to grant the receivers power to apply for collateral use of documents as requested.
  • The amendment will not have retrospective effect.