Qatar Investment and Project Development Holding Co & Anor v Phoenix Ancient Art S.A. & Ors

Qatar Investment and Project Development Holding Co & Anor v Phoenix Ancient Art S.A. & Ors

Permission to amend the particulars of claim is granted because the proposed new claims for deceit, fraudulent misrepresentation, and unlawful means conspiracy are not reasonably arguable to be time-barred, as the limitation period is postponed under s.32 of the Limitation Act 1980 due to alleged fraud and concealment, and the amendments are justified, particularised, and not abusive. The Defendants failed to raise a prima facie limitation defence based on foreign law, and the balance of justice favours allowing the amendments.

Parties
Claimant: Qatar Investment and Projects Development Holding Co; Claimant: His Highness Sheikh Hamad Bin Abdullah Al Thani; Defendant: Phoenix Ancient Art S.A.; Defendant: Ali Aboutaam; Defendant: Hicham Aboutaam; Defendant: Roland Ansermet
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Interlocutory Application for Permission to Amend Pleadings
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Limitation of Actions, Fraudulent Misrepresentation, Unlawful Means Conspiracy, Jurisdiction, Disclosure
Civil Procedure Contract Law Tort Law Amendment of Pleadings Limitation of Actions Fraudulent Misrepresentation Unlawful Means Conspiracy Jurisdiction +1 more

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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Qatar Investment and Projects Development Holding Co

Claimant

His Highness Sheikh Hamad Bin Abdullah Al Thani

Claimant

Phoenix Ancient Art S.A.

Defendant

Ali Aboutaam

Defendant

Hicham Aboutaam

Defendant

Roland Ansermet

Defendant

Procedural Posture

Civil / Interlocutory Application for Permission to Amend Pleadings

Legal Issues

  1. 1 Whether to grant permission to amend the particulars of claim to add claims for deceit, fraudulent misrepresentation, and unlawful means conspiracy
  2. 2 Whether the proposed amendments are time-barred by limitation
  3. 3 Whether the court has jurisdiction over the new claims and defendants

Ratio Decidendi

Permission to amend the particulars of claim is granted because the proposed new claims for deceit, fraudulent misrepresentation, and unlawful means conspiracy are not reasonably arguable to be time-barred, as the limitation period is postponed under s.32 of the Limitation Act 1980 due to alleged fraud and concealment, and the amendments are justified, particularised, and not abusive. The Defendants failed to raise a prima facie limitation defence based on foreign law, and the balance of justice favours allowing the amendments.

Court Disposition

Application granted

Orders

  • Permission granted to amend the particulars of claim to add claims for deceit, fraudulent misrepresentation, and unlawful means conspiracy against the Defendants in the form already served following the Order of Master McCloud dated 30 March 2023.
  • Permission granted to amend paragraph 28 of the Amended Particulars of Claim as specified.