Al-Aggad -v- Al-Aggad

Business and Property CourtsHigh CourtKing's Bench DivisionJudgment

Claim Number: CL-2022-000230

In The High Court Of Justice
Business And Property Courts Of England And Wales
Kings Bench Division Commercial Court

31 March 2023

Before:
The Honourable Mr Justice Calver

Between:
Rana Al-Aggad
-v-
(1) Talal Al-Aggad
(2) Tarek Al-Aggad
(3) Lama Al-Aggad

Order

UPON the order of the Honourable Mr Justice Butcher dated 11 August 2022 (the “August 2022 Order”)
AND UPON the Claimant and the Defendants having agreed in writing to the terms of this Order

IT IS ORDERED BY CONSENT THAT:

  1. The Parties shall treat the following documents as containing information that is sensitive and confidential to the Claimant: (1) the instructions identified by the Claimant as confidential and given by the Claimant to Mr Thaer Najdawi, a Jordanian lawyer instructed by the Claimant to act as an expert in these proceedings (the “Confidential Instructions”); (2) Mr Najdawi’s confidential opinion given in response to the Confidential Instructions and annexed to Mr Najdawi’s expert report (the “Mr

Najdawi’s Confidential Annex”); and (3) the confidential annex to the first witness statement of Ms Olga Bischof (the “Bischof 2 Confidential Annex”).

  1. The following paragraphs of the August 2022 Order shall be amended accordingly:

(a) Paragraph 11 of the August 2022 Order shall be amended such that:

  1. Pursuant to CPR 39.2(3)(c) and CPR 39.2(3)(g), all or any part of any hearing in these proceedings during which the parties intend to refer to the following matters must be held in private, and the transcript is to be sealed accordingly:
    11.1 any matters to which the Confidential Evidence refers; and

11.2. any matters to which the Confidential Annex refers.; and

11.3 any matters to which the Confidential Instructions, and/or Mr Najdawi’s Confidential Annex and/or the Bischof 2 Confidential Annex refer.
(b) Paragraph 12 of the August 2022 Order shall be amended such that:

  1. Pursuant to CPR 5.4C(2), unless the Court gives permission, a non-party must not inspect or obtain from the records of the Court a copy of the Confidential Evidence., the Confidential Instructions, Mr Najdawi’s Confidential Annex or the Bischof 2 Confidential Annex.
    (c) Paragraph 14 of the August 2022 Order shall be amended such that:
  2. If a non-party applies for an order allowing her or him to inspect or obtain a copy of the Confidential Evidence, or the Confidential Annex, the Confidential Instructions, Mr Najdawi’s Confidential Annex or the Bischof 2 Confidential Annex the non-party must serve that application on the Claimant on the day that it is filed with the Court.
    (d) Paragraph 15 of the August 2022 Order shall be amended such that:
  3. Pursuant to CPR 31.22(2), the Defendants must not disclose or permit to be disclosed directly or indirectly to any non-party any matters to which the Confidential Evidence, or the Confidential Annex, the Confidential Instructions, Mr Najdawi’s Confidential Annex or the Bischof 2 Confidential Annex refer (including without limitation by providing a copy of either document to a non-party), except:

15.1. to any English solicitors or English Counsel whom that Defendant has instructed to represent her or him in these proceedings;

15.2. with the Court’s permission; or

15.3. with the Claimant’s prior written consent.; or

15.4 with respect to the Confidential Instructions and Mr Najdawi’s Confidential Annex only, to (a) Mr Firas Sharaiha acting pursuant to his instruction by Mr Tarek Al-Aggad and Mr Talal Al-Aggad and/or Jones Day as an expert on matters of Jordanian law in these proceedings; and (b)Mr Raed Rabah and Mr Saif Al-Soudi employed by Rabah & Sharaiha Legal Consultants and nominated by Mr Firas Sharaiha to assist him in these proceedings.

  1. No order as to costs.

Dated: 31 March 2023