Ayoub Rofail v Mohammed Hassanin
[2024] EWHC 964 (KB)
Sheikh Mohamed Bin Issa Al Jaber v Sheikh Walid Bin Ibrahim Al Ibrahim & Anor
10 November 2023
[2023] EWHC 2831 (Comm)
High Court
Two brothers say a $30 million payment was a fee for help with a business deal. The other guy says it was a loan. A judge looked at all the evidence and decided the brothers were telling the truth.
Key Facts
- •Sheikh Mohamed paid US$30 million to an account controlled by Sheikh Majid and/or Sheikh Walid on January 3, 2002.
- •Sheikh Mohamed claims the payment was a loan to establish Al Arabiya television channel.
- •Sheikh Majid claims the payment was a fee for services related to leasing compounds and debt refinancing.
- •Limited contemporaneous documentation exists.
- •The case involved conflicting witness testimonies and a dispute over the authenticity of a bank transfer instruction.
Legal Principles
In historic cases, contemporaneous documents are prioritized.
Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm)
Absence of evidence and inherent probabilities are material in cases with limited documentation.
Mitchell v Al Jaber [2023] EWHC 364 (Ch)
In dishonesty allegations, objective facts, witness motives, and probabilities assist in ascertaining truth.
Armagas Ltd v Mundogas SA (The “Ocean Frost”) [1985] 1 Lloyd's Rep 1
Court can assess witness evidence by considering absence of relevant documentation.
Mumtaz Properties Ltd (in liquidation) v Ahmed [2011] EWCA Civ 610
Destruction or suppression of documents raises strong presumption against the party.
ED&F Man Capital Markets v Come Harvest Holdings [2022] EWHC 229 (Comm)
Party relying on a document under Notice to Prove must provide credible evidence of its authenticity.
Redstone Mortgages Limited v B Legal [2014] EWHC 3398 (Ch)
Rome Convention Article 4 determines governing law of contract if not chosen by parties.
Contracts (Applicable Law) Act 1990
Saudi law predominantly applies Shari'ah principles.
Basic Law of Saudi Arabia
Outcomes
Sheikh Mohamed's claim dismissed.
Insufficient evidence to prove the payment was a loan; Sheikh Majid's explanation of an advisory fee is more plausible and supported by evidence.