Sheikh Mohamed Bin Issa Al Jaber v Sheikh Walkid Bin Ibrahim Al Ibrahim & Anor.

Sheikh Mohamed Bin Issa Al Jaber v Sheikh Walkid Bin Ibrahim Al Ibrahim & Anor.

The order for remote evidence is granted because there is no legal impediment under Saudi law, the evidence of travel bans, though threadbare, is not disproven, and fairness dictates that the risk of defendants being unable to give evidence outweighs the reduced disadvantage of remote cross-examination.

Parties
Claimant: Sheikh Mohamed bin Issa Al Jaber; First Defendant: Sheikh Walid bin Ibrahim Al Ibrahim; Second Defendant: Sheikh Majid bin Ibrahim Al Ibrahim
Jurisdiction
England and Wales
Judgment Date
24 March 2023
Procedural Posture
Commercial Court Application / Interlocutory Application for Permission to Give Evidence Remotely
Outcome
application granted with qualifications
Legal Topics
Remote Evidence, Video Link, Fair Trial, Cross Examination
Civil Procedure Remote Evidence Video Link Fair Trial Cross Examination

Case Brief

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Parties

Sheikh Mohamed bin Issa Al Jaber

Claimant

Sheikh Walid bin Ibrahim Al Ibrahim

First Defendant

Sheikh Majid bin Ibrahim Al Ibrahim

Second Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application for Permission to Give Evidence Remotely

Legal Issues

  1. 1 Whether defendants should be permitted to give evidence remotely by video link from Saudi Arabia
  2. 2 Whether Saudi Arabian law prohibits giving evidence remotely in foreign proceedings
  3. 3 Whether the evidence of travel bans affecting defendants is sufficient

Ratio Decidendi

The order for remote evidence is granted because there is no legal impediment under Saudi law, the evidence of travel bans, though threadbare, is not disproven, and fairness dictates that the risk of defendants being unable to give evidence outweighs the reduced disadvantage of remote cross-examination.

Court Disposition

application granted with qualifications

Orders

  • Defendants permitted to give evidence remotely by video link from Saudi Arabia.
  • A solicitor must be present at all times in the room where evidence is given.