Tuesday 6 December 2022
Appellant’s Notice filed on 4th April 2022, the Claimant/Appellant appeals the Order of Mr Justice Jacobs dated 14th March 2022 in which upon the Defendant’s application, he ordered that the Claim Form and Particulars of Claim be struck out and judgment entered for the Defendant with consequential costs.
Background – Consulting Concepts International Inc (CCI) is a company created and registered under the laws of the State of New York. Consumer Protection Association (Saudi Arabia) (CPA) is a civil organisation under the law of the Kingdom of Saudi Arabia. It has separate corporate personality and provides services to consumers of the Kingdom through education about their rights, handling their complaints and helping to protect consumers’ interests. Under an agreement between the parties dated 4th June 2013 CCI was to provide consultancy services and the parties were to collaborate to develop and implement strategies, programs and public policies to address Asthma within the Kingdom of Saudi Arabia. CCI alleged that there was then an “extension” to the June 2013 agreement, made shortly after 10 June 2013, when the parties (by the CEO for CCI and the Chairman for CPA) entered into an oral “Second” agreement under which, the parties agreed that CCI would provide consultancy, labour and related services, being other non-asthma health, sociologic, epidemiologic and economic studies, to CPA at CPA’s request. It was an express term of the Second Agreement that CPA would pay US$ 12 million to CCI for these services. Between June and December 2013, CCI provided services under the June 2013 agreement and the Second Agreement and CCI rendered invoices to CPA. None were ever paid.
CCI issued proceedings in Saudi Arabia, New York and in England in December 2019. The procedural history is set out in some detail in the Judgment of Mr Justice Jacobs.
The Defendant’s strike out application was successful and the Claimant now appeals.