|[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]|
England and Wales High Court (Commercial Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> The Libyan Investment Authority v Société Générale S.A. & Ors  EWHC 2631 (Comm) (25 October 2017)
Cite as:  EWHC 2631 (Comm)
[New search] [Printable RTF version] [Help]
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
QUEEN'S BENCH DIVISION
Rolls Building, 7 Rolls Buildings
Fetter lane, London EC4A 1NL
B e f o r e :
| THE LIBYAN INVESTMENT AUTHORITY
|- and -
|(1) SOCIÉTÉ GÉNÉRALE S.A.
(2) SGA SOCIÉTÉ GÉNÉRALE ACCEPTANCE N.V.
(3) SG OPTION EUROPE S.A.
(4) CODEIS SECURITIES S.A.
(5) WALID MOHAMED ALI AL-GIAHMI
(6) LEINADA INC
Adrian Beltrami QC and Sandy Phipps (instructed by Herbert Smith Freehills LLP) for Defendants 1-4
Neil Kitchener QC and Tom Richards (instructed by Mishcon de Reya LLP) for Defendant 5
Andrew Hunter QC and Andrew Scott (instructed by William Grace (a trading name of MBC Law Limited)) for Person B
Hearing date: 20 October 2017
Crown Copyright ©
Mr. Justice Teare :
The Receiver's powers
"Subject to the other provisions in this Order, the Receiver and Manager shall have the following powers, all to be exercisable at his sole discretion:
(b) the power to exercise and enforce all and any rights and powers of the LIA in the name of the LIA with regard to the Property………….
(l) the power to do all things incidental to the exercise of the said powers; ……….
The "State Litigation Department" point
"The State Litigation Department shall represent the State and public corporations and Mu'assasat in relation to the lawsuits filed by or against them before the courts of different types and degrees and before other authorities given legal jurisdiction under the law and in other judicial proceedings.
The State Litigation Department may represent companies or establishments whose capital or the majority thereof is owned to the State, as well as other bodies managed by the State in relation to the lawsuits filed by or against them under a decree by the Minister of Justice subject to the approval of the company, establishment or the concerned body.
The Head of the State Litigation Department may entrust the legal advisors of the public corporations or Mu'assasat or companies or establishments stated in the above paragraph to handle all or part of the lawsuits filed by or against such bodies or to carry out any of the proceedings pertaining thereto."
"Subject to the competences entrusted with the State Litigation Department, the State Litigation Department shall solely represent the State and its Jehat in the lawsuits filed by or against them before the foreign courts of all types and degrees as well as in arbitration and other foreign disputes."
Subject matter jurisdiction
Article 8 of the ECHR