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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Al Rajhi Banking & Investment Corporation v The Wall Street Journal Europe SPRL [2003] EWHC 1776 (QB) (21 July 2003) URL: https://www.bailii.org/ew/cases/EWHC/QB/2003/1776.html Cite as: [2003] EWHC 1776 (QB) |
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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AL RAJHI BANKING & INVESTMENT CORPORATION | Claimant | |
- and - | ||
THE WALL STREET JOURNAL EUROPE SPRL | Defendant |
____________________
Geoffrey Robertson QC. and Rupert Elliott (instructed by Finers Stephens Innocent) for the Defendant
Hearing dates : 4, 7 and 8 July 2003
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Crown Copyright ©
MR JUSTICE EADY:
"Alternatively, if and in so far as the said words in their natural and ordinary meaning bore or were understood to bear the meaning that: because of the nature of the Claimant's past association with persons
or institutions reasonably suspected of links to terrorism:
a. there were sufficient grounds for investigating whether the Claimant had been and/or was still knowingly or negligently involved in the funding of terrorist-related activity;
or alternatively
b. there were reasonable grounds to suspect that the Claimant had been knowingly or negligently involved in the funding of terrorist-related activity and/or may in the future allow use of its accounts for such funding
they are true in substance and in fact."
"Alternatively, if and in so far as the words in their natural and ordinary meaning bore or were understood to bear the meaning that because of the Claimant's suspicious conduct in its past association with persons or institutions reasonably suspected of links to terrorism:
a. there were sufficient grounds for investigating whether the Claimant had been and/or was still knowingly or negligently involved in the funding of terrorist-related activity;
alternatively
b. there were reasonable grounds to suspect that the Claimant had been knowingly or negligently involved in the funding of terrorist-related activity and/or may in the future allow use of its accounts for such funding
they are true in substance and in fact".
"I believe it is in accordance with principle not to permit justification by mere association. In other words, in order to pass muster, the pleaded association must itself be 'guilty'. If an association involves knowledge on the Claimant's part, by way of (say) co-operating with or aiding and abetting terrorists, then such an association may certainly be pleaded Here nothing of the sort is alleged."
(1) THE GOLDEN CHAIN
(2) WADIH EL HAGE
(3) TARIK HAMDI
(4) THE HIJACKERS
(5) YASIN AL QADI
(6) MOUSA MARZOOK AND INFOCOM
(7) BANKING FACILITIES FOR TERRORIST ACTIVITIES
(8) SAAR
(9) US INTELLIGENCE INTEREST
CONCLUSION