Abdullah Nasser Bin Obaid & Ors v Khalid Abdullah Al-Hezaimi & Ors

Abdullah Nasser Bin Obaid & Ors v Khalid Abdullah Al-Hezaimi & Ors

The Settlement Deed only settled claims arising out of or in connection with the matters actually litigated in the 2017 English proceedings, as defined by the claims, counterclaims, and defences pleaded at the time of settlement. Claims for repayment of loans in respect of the deleted payments, which were not pleaded or in issue at the time of settlement, were not settled by the Deed. The mere fact that such payments were previously pleaded and then abandoned, or were relevant as background or to credibility, does not bring them within the scope of the release.

Parties
Claimant / Respondent: Abdullah Nasser Bin Obaid; Claimant / Respondent: OH-NA Real Estate Company Ltd; Claimant / Respondent: TAQA Investment Company; Defendant / Appellant: Khalid Abdullah Al-Hezaimi; Defendant: OFY Ltd; Defendant / Appellant: Latifah Assets Ltd
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Settlement Agreements, Interpretation of Releases, Jurisdiction, Res Judicata
Contract Law Civil Procedure Settlement Agreements Interpretation of Releases Jurisdiction Res Judicata

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Parties

Abdullah Nasser Bin Obaid

Claimant / Respondent

OH-NA Real Estate Company Ltd

Claimant / Respondent

TAQA Investment Company

Claimant / Respondent

Khalid Abdullah Al-Hezaimi

Defendant / Appellant

OFY Ltd

Defendant

Latifah Assets Ltd

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Settlement Deed compromised or released claims in respect of certain payments (the 'deleted payments' and 'unpleaded payment') now subject to proceedings in Saudi Arabia
  2. 2 Proper construction of the definition of 'Claim' in the Settlement Deed

Ratio Decidendi

The Settlement Deed only settled claims arising out of or in connection with the matters actually litigated in the 2017 English proceedings, as defined by the claims, counterclaims, and defences pleaded at the time of settlement. Claims for repayment of loans in respect of the deleted payments, which were not pleaded or in issue at the time of settlement, were not settled by the Deed. The mere fact that such payments were previously pleaded and then abandoned, or were relevant as background or to credibility, does not bring them within the scope of the release.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the Settlement Deed did not settle, waive or release claims that the deleted payments (except the 'missing payment') and the unpleaded payment were loans to Dr Al-Hezaimi, including the claims made to that effect in the 2019 Saudi proceedings.
  • Declaration that in the 2017 proceedings the Court made no determination as to the purpose for which the payments subject to the 2019 Saudi proceedings were made.