Both Irwin Mitchell and HowardKennedyFsi have been replaced on a Saudi Prince’s battle with a former shareholder which is headed for the Supreme Court next month.
HRH Prince Abdulaziz Bin Mishal bin Abdulaziz Al Saud has so far lost fights to have his case against fellow investor Faisal Almhairat’s company Apex Global Management heard in private and cited sovereign immunity to avoid complying with court orders (15 January 2014).
Yesterday the prince was given leave to appeal to the Supreme Court. The October battle will centre on whether the prince will have to comply with a series of orders made by Mr Justice Vos, Mr Justice Norris and Mr Justice Mann last year.
The legal roster for the colossal battle has changed dramatically since the Prince first launched the case against his fellow investor in 2011. Prince Abdulaziz originally turned to Clifford Chance partner Ian Roxborough to bring his claim of unfair predujuce against Apex, a fellow shareholder in telecoms company Fi Call (21 March 2013).
Clifford Chance was replaced by Irwin Mitchell partner Jeremy Marshall last year after losing an attempt to have the case heard in private. Marshall has now been replaced again by Mishcon de Reya partner Jarret Brown following a bruising result for the Prince in the Court of Appeal in July.
Apex has also switched counsel, from HowardKennedyFsi partners Steven Morris and Louise Bennett to Teacher Stern partner Jack Rabinowitz.
Serle Court’s Daniel Lightman was first instructed first by HowardKennedyFsi and now Rabinowitz. Blackstone Chambers’ Robert Howe QC and Maitland Chambers’ Matthew Collings QC were previously leading Lightman as well as Maitland Chambers’ Oliver Phillips.
4 New Square’s Justin Fenwick QC replaced Wilberforce Chambers’ John Wardell QC. Wardell is now instructed for the Prince along with 4 New Square’s Daniel Saoul.
The Prince has refused to sign a witness statement due to his royal status and failed to pay $7.7m to the other side, resulting in his defence being struck out last year. He and will fight the multiple orders on 13 October.
Lords Neuberger, Clarke and Sumption ruled the Prince could only bring the appeal on the condition he paid the $7.7m judgment sum plus interest into the court by 4pm next Monday.
The fight started four years ago, launched by Prince Mishal bin Abdulaziz Al Saud, a former defence minister, brother of King Abdullah and chairman of the country’s influential allegiance council, and his son, Prince Abdulaziz bin Mishal bin Al Saud.
The princes invested in a new telecoms company, Fi Call, through their company Global Torch Limited, along with Almhairat through his own company, Apex Global Management. The Princes blamed Almhairat for the failure of the company, alleging that he had misappropriated fund, misconducted company business and had failed to keep proper books.
But the case soon became focused around the Prince’s battle to have the case heard behind closed doors and their efforts to use diplomatic immunity as a protection from UK court orders.
Last year the princes failed in their argument that hearing the case in public could damage relations between Britain and Saudi Arabia (20 February 2013). Clifford Chance partner Roxborough had argued that the defendants risked “death and reprisals” if the full detail of the case was heard in open court.
The princes lost the case at the High Court and Lord Justice Maurice Kay, Richards and Briggs unanimously dismissed the subsequent appeal in its entirety at the Court of Appeal in July, ruling open justice would not be served by a close hearing (10 July 2013).
Prince Abdulaziz then went on to argue that they could not comply with an order made by Vos J that he personally sign a witness statement about disclosure in the case.
The prince argued that as a member of the Royal family he was not able to sign the document. On 9 September 2013 Norris J made an unless order compelling him to sign the statement and ruling that he would be debarred if he did not. The Prince was then hit with a $7.7m judgment by Norris J plus costs.
In November Mann J rule that the prince’s application to vary Vos J’s order could not be stayed and finally a Court of Appeal hearing two months ago ruled that the prince was not able to appeal against the series of orders.
The legal line-up
For the appellant HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz al Saud
4 New Square’s Justin Fenwick QC and Daniel Saoul instructed by Mishcon de Reya partner Jarret Brown
For the respondent Apex Global Management & Anors
Serle Court’s Daniel Lightman instructed by Teacher Stern partner Jack Rabinowitz
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