Byers & Anor (Joint Official Liquidators Saad Investments Co Ltd) v Samba Financial Group

Byers & Anor (Joint Official Liquidators Saad Investments Co Ltd) v Samba Financial Group

The court held that the Defendant's expert evidence sought to reintroduce the issue of illegality under Saudi Arabian law, which had already been excluded from trial due to lack of disclosure, and that the only issue for trial was the effect of Saudi Arabian law on the priority of rights in the Disputed Securities, not the existence or illegality of those rights. Accordingly, the objected passages must be struck out.

Parties
Claimant: Mark Byers; Claimant: Hugh Dickson; Claimant: Saad Investments Company Limited (in liquidation); Defendant: Samba Financial Group
Jurisdiction
England and Wales
Judgment Date
23 July 2020
Procedural Posture
Civil / Interlocutory Application (strike Out Passages in Expert Reports)
Outcome
application allowed
Legal Topics
Conflict of Laws, Recognition of Trusts, Illegality Defence, Expert Evidence, Disclosure Obligations
Private International Law Insolvency Banking Law Conflict of Laws Recognition of Trusts Illegality Defence Expert Evidence Disclosure Obligations

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mark Byers

Claimant

Hugh Dickson

Claimant

Saad Investments Company Limited (in liquidation)

Claimant

Samba Financial Group

Defendant

Procedural Posture

Civil / Interlocutory Application (strike Out Passages in Expert Reports)

Legal Issues

  1. 1 Whether certain passages in the defendant's expert reports on Saudi Arabian law should be struck out as raising issues previously excluded from trial
  2. 2 Whether the issue of illegality under Saudi Arabian law can be fairly tried without further disclosure

Ratio Decidendi

The court held that the Defendant's expert evidence sought to reintroduce the issue of illegality under Saudi Arabian law, which had already been excluded from trial due to lack of disclosure, and that the only issue for trial was the effect of Saudi Arabian law on the priority of rights in the Disputed Securities, not the existence or illegality of those rights. Accordingly, the objected passages must be struck out.

Court Disposition

application allowed

Orders

  • Passages objected to in Mr Haberbeck's expert reports are struck out and must be removed from the reports and evidence at trial.