Sabbagh v Khoury & Ors [2019] EWHC 3004 (Comm) (14 November 2019)

Sabbagh v Khoury & Ors [2019] EWHC 3004 (Comm) (14 November 2019)

The claimant's concession regarding the validity and effectiveness of the 1993 Share Sale Agreements constituted an admission under CPR Part 14, made by notice in writing. Withdrawal of such an admission requires court permission, and the court must consider the risk of prejudice to the defendants. Pleading new alternative causes of action in Replies is improper and constitutes abuse of process; such claims must be pleaded by amendment to the Particulars of Claim with permission, especially given the qualified nature of defendants' submission to jurisdiction.

Citation
[2019] EWHC 3004 (Comm)
Parties
Claimant: Sana Hassib Sabbagh; Defendant: Wael Said Khoury; Defendant: Samer Said Khoury; Defendant: Toufic Said Khoury; Defendant: Samir Hassib Sabbagh; Defendant: Suheil Hassib Sabbagh; Defendant: Wahbe Abdullah Tamari; Defendant: Consolidated Contractors Group SAL (Holding Company); Defendant: Consolidated Contractors International Company SAL (Offshore); Defendant: Hassib Holding SAL
Jurisdiction
England and Wales
Judgment Date
14 November 2019
Procedural Posture
Commercial Court Application / Interlocutory Applications Regarding Admissions, Amendments, and Strike Out
Outcome
Claimant's application to withdraw concession refused; defendants' applications to strike out parts of Replies granted.
Legal Topics
Admissions Under CPR Part 14, Withdrawal of Admissions, Jurisdiction Challenges, Arbitration Agreements, Succession Exception Under Brussels Regulation, Strike Out Applications, Amendment of Pleadings
Civil Procedure International Commercial Law Succession Law Admissions Under CPR Part 14 Withdrawal of Admissions Jurisdiction Challenges Arbitration Agreements Succession Exception Under Brussels Regulation +2 more

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Parties

Sana Hassib Sabbagh

Claimant

Wael Said Khoury

Defendant

Samer Said Khoury

Defendant

Toufic Said Khoury

Defendant

Samir Hassib Sabbagh

Defendant

Suheil Hassib Sabbagh

Defendant

Wahbe Abdullah Tamari

Defendant

Consolidated Contractors Group SAL (Holding Company)

Defendant

Consolidated Contractors International Company SAL (Offshore)

Defendant

Hassib Holding SAL

Defendant

Procedural Posture

Commercial Court Application / Interlocutory Applications Regarding Admissions, Amendments, and Strike Out

Legal Issues

  1. 1 Whether the claimant's concession regarding the validity of Share Sale Agreements constitutes an admission under CPR Part 14
  2. 2 Whether permission is required to withdraw the concession
  3. 3 Whether the claimant can plead new alternative causes of action in Replies

Ratio Decidendi

The claimant's concession regarding the validity and effectiveness of the 1993 Share Sale Agreements constituted an admission under CPR Part 14, made by notice in writing. Withdrawal of such an admission requires court permission, and the court must consider the risk of prejudice to the defendants. Pleading new alternative causes of action in Replies is improper and constitutes abuse of process; such claims must be pleaded by amendment to the Particulars of Claim with permission, especially given the qualified nature of defendants' submission to jurisdiction.

Court Disposition

Claimant's application to withdraw concession refused; defendants' applications to strike out parts of Replies granted.

Orders

  • Claimant not permitted to withdraw concession regarding 1993 Share Sale Agreements without court permission.
  • Relevant parts of Replies purporting to withdraw concession or plead new alternative causes of action struck out as abuse of process.