Citicorp Trustee Company Ltd & Anor v Al-Sanea & Anor [2017] EWHC 2845 (Comm) (10 November 2017)

Citicorp Trustee Company Ltd & Anor v Al-Sanea & Anor [2017] EWHC 2845 (Comm) (10 November 2017)

The Claimants are entitled to summary judgment because the Defendants defaulted under the Sub-Lease and Head Lease, the claims are contractually and procedurally valid, service was effective, the English court has jurisdiction, and the Defendants have no real prospect of defending the claims or raising any...

Source-derived case information.

Citation
[2017] EWHC 2845 (Comm)
Parties
Claimant: Citicorp Trustee Company Limited; Claimant: Golden Belt 1 Sukuk Company B.S.C(c) (In Liquidation); Defendant: Mr Maan Abdulwahed Al-Sanea; Defendant: Saad Trading, Contracting and Financial Services Company
Jurisdiction
England and Wales
Judgment Date
10 November 2017
Procedural Posture
Commercial Claim for Recovery of Sums Due Under Finance Documents (head Lease, Sub Lease, Promissory Note, Costs Undertaking) / Summary Judgment Application Following Unacknowledged Service and No Defence
Outcome
Summary judgment granted for the Claimants against both Defendants.
Legal Topics
Summary Judgment, Jurisdiction Agreements, Service of Process, Islamic Finance (sukuk), Indemnities, Default Under Lease Agreements, Costs Recovery
Commercial Law Banking and Finance Contract Law Civil Procedure Summary Judgment Jurisdiction Agreements Service of Process Islamic Finance (sukuk) +3 more

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Parties

Citicorp Trustee Company Limited

Claimant

Golden Belt 1 Sukuk Company B.S.C(c) (In Liquidation)

Claimant

Mr Maan Abdulwahed Al-Sanea

Defendant

Saad Trading, Contracting and Financial Services Company

Defendant

Procedural Posture

Commercial Claim for Recovery of Sums Due Under Finance Documents (head Lease, Sub Lease, Promissory Note, Costs Undertaking) / Summary Judgment Application Following Unacknowledged Service and No Defence

Legal Issues

  1. 1 Whether the English court has jurisdiction under the finance documents and Brussels Recast Regulation
  2. 2 Whether service of proceedings and applications was validly effected on the Defendants
  3. 3 Whether the stay under CPR 15.11 should be lifted

Ratio Decidendi

The Claimants are entitled to summary judgment because the Defendants defaulted under the Sub-Lease and Head Lease, the claims are contractually and procedurally valid, service was effective, the English court has jurisdiction, and the Defendants have no real prospect of defending the claims or raising any compelling reason for trial.

Court Disposition

Summary judgment granted for the Claimants against both Defendants.

Orders

  • Stay under CPR 15.11 lifted.
  • Permission granted to apply for summary judgment.