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England and Wales High Court (Commercial Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> BB Energy (Gulf) DMCC v Al Amoudi & Ors  EWHC 2595 (Comm) (04 October 2018)
Cite as:  EWHC 2595 (Comm)
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
QUEEN'S BENCH DIVISION
Court No 25
The Rolls Building
London EC4A 1NL
B e f o r e :
| B.B.ENERGY (GULF) DMCC
|(1) MOHAMMED HUSSEIN AL AMOUDI
(2) JAMAL MOHAMED BA-AMER
(3) BASSAM FELIX ABURDENE
(4) JASON TADWELL MILAZZO
LORD FALCONER OF THOROTON and ANDREW SCOTT (instructed by Gibson Dunn) appeared on behalf of the Defendants.
Thursday, 4 October 2018
Crown Copyright ©
MR JUSTICE ANDREW BAKER:
a. Firstly, the claimant makes a claim for losses it says were caused to it by the wrongful conduct or mismanagement of the defendants in the course of conducting the business of SAMIR as directors. That has been referred to as the 'mismanagement claim'.
b. Secondly, the claimant asserts claims in deceit, alleging that it was induced by false representations by the defendants, as to which the defendants knew of the falsity or were reckless as to the falsity of the representations, to enter into the defaulted contracts.
c. Thirdly, the claimant puts forward a claim or claims for damages for what it says was an unlawful means conspiracy.
a. on the basis that this court is not an appropriate forum for the resolution of the claimant's claims (forum non conveniens);
b. on the basis that the claimant's claim should be stayed in favour of the Moroccan liquidation proceedings as a lis alibi pendens;
c. under Article 34 of the Brussels Regulation recast, on the basis that the Moroccan liquidation proceedings are related proceedings; or
d. as a temporary case management measure pending a decision in the Moroccan proceedings as to whether the liquidation of SAMIR is to be extended to the defendants under Article 706 of the Moroccan Commercial Code, something that has been recommended but not yet determined in the Moroccan liquidation proceedings, as I shall explain.