Terre Neuve SARL & Ors v Yewdale Ltd & Ors (14) Driss Mriouah

Terre Neuve SARL & Ors v Yewdale Ltd & Ors (14) Driss Mriouah

The English court has jurisdiction over GPF SA, the Campbell Co-Defendants, and Judah El Maleh. The claims do not fall within the scope of the Swiss jurisdiction clauses in the written agreements, as the parties and subject matter differ from the oral agreements and tort claims. The claims against the Campbell Co-Defendants are closely connected to those against Yewdale, justifying joinder under Article 6(1) Lugano Convention. There is no abuse of process or forum non conveniens discretion. There is a serious issue to be tried against Judah El Maleh, who is a proper party. All jurisdictional challenges are dismissed.

Parties
Claimant: Terre Neuve SARL; Claimant: Largely Investments SA; Claimant: Laurent Zahut; Defendant: Yewdale Limited; Defendant: REDS LLC; Defendant: GPF SA (in liquidation); Defendant: Meyer El Maleh; Defendant: Judah Leon Morali; Defendant: Sara Sasson; Defendant: Carole Sason-El Maleh; Defendant: Laure Vasarino; Defendant: Amandine Josek; Defendant: Robert Naggar; Defendant: Judah El Maleh; Defendant: Nessim El Maleh; Defendant: HSBC Private Bank (Suisse) SA; Defendant: Driss Mriouah
Jurisdiction
England and Wales
Judgment Date
31 March 2020
Procedural Posture
Commercial Court Civil Claim (multi Party, Cross Border) / Ruling on Consolidated Jurisdictional Challenges (preliminary Applications)
Outcome
All jurisdictional challenges dismissed. English court retains jurisdiction over all claims and defendants.
Legal Topics
Jurisdictional Challenge, Lugano Convention, Brussels I Regulation, Money Laundering, Breach of Fiduciary Duty, Unjust Enrichment, Agency Without Authority, Conflict of Laws
Private International Law Civil Procedure Banking Law Contract Law Tort Law Jurisdictional Challenge Lugano Convention Brussels I Regulation +5 more

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Parties

Terre Neuve SARL

Claimant

Largely Investments SA

Claimant

Laurent Zahut

Claimant

Yewdale Limited

Defendant

REDS LLC

Defendant

GPF SA (in liquidation)

Defendant

Meyer El Maleh

Defendant

Judah Leon Morali

Defendant

Sara Sasson

Defendant

Carole Sason-El Maleh

Defendant

Laure Vasarino

Defendant

Amandine Josek

Defendant

Robert Naggar

Defendant

Judah El Maleh

Defendant

Nessim El Maleh

Defendant

HSBC Private Bank (Suisse) SA

Defendant

Driss Mriouah

Defendant

Procedural Posture

Commercial Court Civil Claim (multi Party, Cross Border) / Ruling on Consolidated Jurisdictional Challenges (preliminary Applications)

Legal Issues

  1. 1 Whether the English court has jurisdiction over GPF SA, the Campbell Co-Defendants, and Judah El Maleh under the Lugano Convention and CPR PD6B gateways
  2. 2 Whether Swiss jurisdiction clauses in written agreements oust English jurisdiction over claims based on oral agreements and torts
  3. 3 Whether claims against the Campbell Co-Defendants are closely connected to those against the anchor defendant (Yewdale) for Article 6(1) Lugano Convention

Ratio Decidendi

The English court has jurisdiction over GPF SA, the Campbell Co-Defendants, and Judah El Maleh. The claims do not fall within the scope of the Swiss jurisdiction clauses in the written agreements, as the parties and subject matter differ from the oral agreements and tort claims. The claims against the Campbell Co-Defendants are closely connected to those against Yewdale, justifying joinder under Article 6(1) Lugano Convention. There is no abuse of process or forum non conveniens discretion. There is a serious issue to be tried against Judah El Maleh, who is a proper party. All jurisdictional challenges are dismissed.

Court Disposition

All jurisdictional challenges dismissed. English court retains jurisdiction over all claims and defendants.

Orders

  • GPF SA's application to contest jurisdiction dismissed.
  • Campbell Co-Defendants' application to contest jurisdiction dismissed.