VARIOUS AIRFINANCE LEASING COMPANIES v SAUDI ARABIAN AIRLINES CORPORATION

VARIOUS AIRFINANCE LEASING COMPANIES v SAUDI ARABIAN AIRLINES CORPORATION

The court found that the documents on the mobile telephones of Mr Al Jasser and Mr Altayeb were not within the control of Saudia under Saudi law, employment contracts, or internal policies, and therefore the court had no jurisdiction to order disclosure or require Saudia to use best endeavours to obtain such documents for disclosure.

Parties
Claimant: Various Airfinance Leasing Companies; Claimant: ALIF Segregated Portfolio Company (for and on behalf of itself and each of ALIF Segregated Portfolio Company 2, ALIF Segregated Portfolio Company 4 and ALIF Segregated Portfolio Company 5); Defendant: Saudi Arabian Airlines Corporation; Third Party: International Air Finance Corporation
Jurisdiction
England and Wales
Judgment Date
01 November 2021
Procedural Posture
Commercial Court Application for Disclosure / Ruling on Application for Disclosure Order
Outcome
Application dismissed
Legal Topics
Disclosure of Documents, Control of Documents, Jurisdiction of Court, Employment Law (foreign Law)
Civil Procedure Commercial Law Disclosure of Documents Control of Documents Jurisdiction of Court Employment Law (foreign Law)

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Parties

Various Airfinance Leasing Companies

Claimant

ALIF Segregated Portfolio Company (for and on behalf of itself and each of ALIF Segregated Portfolio Company 2, ALIF Segregated Portfolio Company 4 and ALIF Segregated Portfolio Company 5)

Claimant

Saudi Arabian Airlines Corporation

Defendant

International Air Finance Corporation

Third Party

Procedural Posture

Commercial Court Application for Disclosure / Ruling on Application for Disclosure Order

Legal Issues

  1. 1 Whether documents on personal mobile devices of current/former senior employees are within the control of the defendant for disclosure purposes
  2. 2 Whether the court has jurisdiction to order 'best endeavours' to obtain such documents not within control
  3. 3 Whether the court should order disclosure or 'best endeavours' order in the circumstances

Ratio Decidendi

The court found that the documents on the mobile telephones of Mr Al Jasser and Mr Altayeb were not within the control of Saudia under Saudi law, employment contracts, or internal policies, and therefore the court had no jurisdiction to order disclosure or require Saudia to use best endeavours to obtain such documents for disclosure.

Court Disposition

Application dismissed