Dubai Islamic Bank PJSC v Ridley [2017] JRC 204 (05 December 2017)

Dubai Islamic Bank PJSC v Ridley [2017] JRC 204 (05 December 2017)

The appeal was allowed in respect of the strike out of the Sharia law defences and related issues. The Deputy Bailiff held that it was not plain and obvious that Jersey Private International Law did not apply, nor that Sharia law could not be incorporated or considered as an aid to construction. These were complex and developing issues requiring full trial and expert evidence, not suitable for summary determination or strike out. The Master's decision to strike out these parts was therefore wrong.

Citation
[2017] JRC 204
Parties
Plaintiff/respondent: Dubai Islamic Bank PJSC; Defendant/appellant: Mr Charles Ridley
Jurisdiction
Jersey
Judgment Date
05 December 2017
Procedural Posture
Appeal / Appeal From Master's Decision on Strike Out Application
Outcome
Appeal allowed in part
Legal Topics
Strike Out Applications, Governing Law Clauses, Sharia Law in Contracts, Tracing Claims, Res Judicata, Issue Estoppel, Pauline Action, Constructive Trusts
Private International Law Contract Law Trusts and Equity Banking Law Strike Out Applications Governing Law Clauses Sharia Law in Contracts Tracing Claims +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dubai Islamic Bank PJSC

Plaintiff/respondent

Mr Charles Ridley

Defendant/appellant

Procedural Posture

Appeal / Appeal From Master's Decision on Strike Out Application

Legal Issues

  1. 1 Whether the Master's decision to strike out parts of the amended answer was correct
  2. 2 Whether Jersey Private International Law or English law determines the proper law of the Agency Agreements
  3. 3 Whether Sharia law can be incorporated or applied as part of the governing law

Ratio Decidendi

The appeal was allowed in respect of the strike out of the Sharia law defences and related issues. The Deputy Bailiff held that it was not plain and obvious that Jersey Private International Law did not apply, nor that Sharia law could not be incorporated or considered as an aid to construction. These were complex and developing issues requiring full trial and expert evidence, not suitable for summary determination or strike out. The Master's decision to strike out these parts was therefore wrong.

Court Disposition

Appeal allowed in part

Orders

  • Strike out of Sharia law defences and related paragraphs in the amended answer set aside; those issues to be determined at trial.
  • Further directions to be given regarding the determination of relevant aspects of German law.