Byers & Anor (Joint Official Liquidators Saad Investments Co Ltd) v Samba Financial Group [2020] EWHC 2411 (Ch) (23 July 2020)

Byers & Anor (Joint Official Liquidators Saad Investments Co Ltd) v Samba Financial Group [2020] EWHC 2411 (Ch) (23 July 2020)

Expert evidence on illegality under Saudi Arabian law is inadmissible because the court previously determined that the issue cannot be fairly tried without disclosure, and the issue for trial is limited to whether Saudi Arabian law extinguishes SICL's rights in the Disputed Securities, not whether SICL had proprietary rights due to illegality.

Citation
[2020] EWHC 2411 (Ch)
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
Application to Strike Out Expert Evidence / Pre Trial Interlocutory
Outcome
application allowed
Legal Topics
Expert Evidence, Illegality, Public Policy, International Comity, Priority of Property Rights, Recognition of Trusts
Commercial Law Conflict of Laws Insolvency Expert Evidence Illegality Public Policy International Comity Priority of Property Rights +1 more

Case Brief

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Parties

Mark Byers

Claimant

Hugh Dickson

Claimant

Saad Investments Company Limited (in liquidation)

Claimant

Samba Financial Group

Defendant

Procedural Posture

Application to Strike Out Expert Evidence / Pre Trial Interlocutory

Legal Issues

  1. 1 Whether expert evidence on illegality under Saudi Arabian law should be admitted
  2. 2 Whether the issue of illegality under Saudi Arabian law can be fairly tried without disclosure
  3. 3 Whether the effect of Saudi Arabian law is to extinguish SICL's rights in the Disputed Securities

Ratio Decidendi

Expert evidence on illegality under Saudi Arabian law is inadmissible because the court previously determined that the issue cannot be fairly tried without disclosure, and the issue for trial is limited to whether Saudi Arabian law extinguishes SICL's rights in the Disputed Securities, not whether SICL had proprietary rights due to illegality.

Court Disposition

application allowed

Orders

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