Al-Aggad -v- Al-Aggad (domestic freezing order application)

Business and Property CourtsCommercial CourtHigh CourtQueen's Bench DivisionJudgment

Claim Number: CL-2022-000230

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

11 August 2022

Before:
Mr Justice Butcher (sitting in private)

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

Order

UPON the Claim Form dated 5 May 2022 (Claim Form)

AND UPON the Claimant’s applications by application notice dated 22 July 2022 (Application Notice)

AND UPON reading: (1) the First Affidavit of Olga Bischof dated 22 July 2022 with Exhibit OB1 (Bischof1); (2) the Confidential Annex to Bischof1 and Exhibit OB1Confidential (together, Confidential Evidence); and (3) the First Affidavit of Thomas James McDonnell dated 11 August 2022 with Exhibit TM1 (McDonnell1)

AND UPON reading the Claimant’s Skeleton Argument for the Without Notice Hearing dated 22 July 2022 and the Confidential Annex to that skeleton (Confidential Annex)

AND UPON the term “Business Day” having the meaning that CPR 6.2(b) gives it

AND UPON hearing Leading Counsel for the Claimant

IT IS ORDERED THAT:

Domestic freezing order application

  1. The Claimant’s application for a domestic freezing order (DFO Application) is dismissed.
  2. The Claimant has permission to renew the DFO Application upon a change of circumstance.

Service out of the jurisdiction and by alternative method

  1. Pursuant to CPR 6.36, 6.37 and PD 6B3.1(3), the Claimant is permitted to serve the Claim Form, the Application Notice, Bischof1, the Confidential Evidence, McDonnell1 and this Order (Relevant Documents) out of the jurisdiction as follows:
    3.1. on the First Defendantin Saudi Arabia; and

3.2. on the Second Defendantin Jordan.

  1. Pursuant to CPR 6.15, 6.27 and 6.37(5)(b)(i), the Claimant is permitted to serve the Relevant Documents by an alternative method on a defendant out of the jurisdiction as follows:
    4.1. on the First Defendantby email to talal@aico.com.sa; and

4.2. on the Second Defendantby email to taggad@apic.com.jo.

  1. The Claim Form is deemed served on the First Defendant and Second Defendant on the second Business Day after the date on which the Claimant’s solicitors send to that Defendant the email attaching the Claim Form (Service Date).
  2. Pursuant to CPR 6.15, 6.27 and 6.37(5)(b)(i), the Claimant is permitted to serve all of the Relevant Documents except the Claim Form (which has already been served) by an alternative method on the Third Defendant out of the jurisdictionnamely, by email to loa2@almultaka.com.sa.

Statements of case

  1. If, on or before 25 August 2022, the Third Defendant:

7.1. files and serves an application disputing the Court’s jurisdiction under CPR 11— pursuant to CPR 58.7(3), the Claimant need not file and serve Particulars of Claim (PoC) before the hearing of that application; or
7.2. does not file and serve an application disputing the Court’s jurisdiction and files and serves a further Acknowledgement of Service (AoS) indicating an intention to defend—the Claimant must file and serve her PoC by 4 pm on the date which is 21 days after the Third Defendant files the further AoS..

  1. If paragraph 7.2 above applies, the Third Defendant must file and serve a Defence by 4 pm on the date which is 28 days after service of the PoC.
  2. The First and Second Defendants must file and serve an AoS or an admission as follows:

9.1. the First Defendantby a date which is 24 days after the Service Date; and

9.2. the Second Defendantby a date which is 23 days after the Service Date.

  1. If paragraph 7.1 above does not apply:

10.1. The Claimant must serve her PoC on the First Defendant by 4 pm on a date which is 28 days after that Defendant serves an AoS indicating an intention to defend.
10.2. The First Defendant must file and serve a Defence by 4 pm on the date which is 38 days after service of the PoC.
10.3. The Claimant must serve her PoC on the Second Defendant by 4 pm on a date which is 28 days after that Defendant serves an AoS indicating an intention to defend.
10.4. The Second Defendant must file and serve a Defence by 4 pm on the date which is 37 days after service of the PoC.

Confidentiality

  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.

  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.
  2. Unless the Court gives permission, a non-party must not inspect or obtain from the Court file a copy of the Confidential Annex.
  3. 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 non-party must serve that application on the Claimant on the day that it is filed with the Court.
  4. 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 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.

Other matters

  1. The Claimant is permitted to rely for the purposes of its without notice applications on:

16.1. expert evidence; and

16.2. a skeleton argument exceeding 15 pages.

  1. Each Defendant has permission to apply to vary or discharge this Order.
  2. Costs reserved.
  3. The Claimant must serve this Order on the Defendants.