Daraydan Holdings Ltd & Ors v Solland International Ltd & Ors

Daraydan Holdings Ltd & Ors v Solland International Ltd & Ors

Mr Khalid was a fiduciary for the claimants, extracted secret commissions built into contract prices, and is liable for restitution and constructive trust. The proprietary remedy is justified as the bribes derived directly from claimants’ property and resulted from fraudulent misrepresentation. AG for Hong Kong v...

Source-derived case information.

Parties
Claimant: Daraydan Holdings Limited; Claimant: Cairn Estates Limited; Claimant: Mohammed bin Khalifa bin Hamad Al-Thani; Claimant: Theebah Estates Limited; Claimant: Landmark Limited; Claimant: Northwest Industries Limited; Defendant: Solland International Limited; Defendant: Solland Interiors Limited; Defendant: Grażyna Solland; Defendant: Abner Solland; Defendant: Faris Mohammed Khalid El-Tekhin; Defendant: Najwa Mohammed Al-Attiya; Defendant: Abdul Rehman Mohammed Abdulla Al-Attiya
Jurisdiction
England and Wales
Judgment Date
26 March 2004
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for claimants against Mr Khalid
Legal Topics
Bribery, Secret Commissions, Fiduciary Duty, Constructive Trust, Conspiracy to Defraud, Remedies, Precedent
Civil Law Equity Trusts Agency Bribery Secret Commissions Fiduciary Duty Constructive Trust +3 more

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Summary, issues, holding and outcome

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Parties

Daraydan Holdings Limited

Claimant

Cairn Estates Limited

Claimant

Mohammed bin Khalifa bin Hamad Al-Thani

Claimant

Theebah Estates Limited

Claimant

Landmark Limited

Claimant

Northwest Industries Limited

Claimant

Solland International Limited

Defendant

Solland Interiors Limited

Defendant

Grażyna Solland

Defendant

Abner Solland

Defendant

Faris Mohammed Khalid El-Tekhin

Defendant

Najwa Mohammed Al-Attiya

Defendant

Abdul Rehman Mohammed Abdulla Al-Attiya

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Mr Khalid owed fiduciary duties to the claimants
  2. 2 Whether claimants are entitled to proprietary remedies for secret commissions
  3. 3 Whether English or Qatari law governs the relationship

Ratio Decidendi

Mr Khalid was a fiduciary for the claimants, extracted secret commissions built into contract prices, and is liable for restitution and constructive trust. The proprietary remedy is justified as the bribes derived directly from claimants’ property and resulted from fraudulent misrepresentation. AG for Hong Kong v Reid is applied over Lister & Co v Stubbs.

Court Disposition

Judgment for claimants against Mr Khalid

Orders

  • Account of all secret commissions, monies and benefits received by Mr Khalid in connection with the contracts
  • Restitution as money had and received of all secret commissions, monies and benefits