CANDEY obtains victory in the High Court against former top 20 Times Rich List billionaire

CANDEY successfully acted for lender Focal Image Limited in High Court proceedings against former top 20 Times Rich List billionaire, Sheikh Mohamed Bin Issa Al Jaber.

The case concerned defaults under multi-million pound loan facilities taken out by Sheikh Mohamed between 2015 and 2017. Focal Image had appointed receivers over a luxury property in Surrey, and a Hotel, both owned by Sheikh Mohamed and subsequently sold in part redemption of the loans. Focal Image had thereafter presented a statutory demand against Sheikh Mohamed for the remainder due under the loans.

The proceedings beginning in the Insolvency and Companies List where Sheikh Mohamed sought to set-aside Focal Image’s statutory demand. Chief Insolvency and Companies Court Judge Briggs refused the set-aside application and awarded indemnity costs to CANDEY’s client, stating that Sheikh Mohamed’s defence consisted of a “cloud of objections” and “shifting sands”. Sheikh Mohamed’s permission to appeal was refused on the papers by Mr Justice Zacaroli. Hearing a renewed oral permission to appeal application, Mr Justice Mann afforded Sheikh Mohamed the opportunity to commence Part 7 proceedings for an account as to sums owing under the loan facilities.

Shortly thereafter, Sheikh Mohamed purported to do so, however Stephen Houseman QC (as he then was, sitting as Deputy High Court Judge) later ruled that Sheikh Mohamed had brought his claim out of the timeframe permitted by the Mann Order. In the meantime, Focal Image had issued its own Part 7 claim against Sheikh Mohamed in the Commercial Court in relation to the sums due under the loans.

Those proceedings came before a further multitude of High Court Judges and Deputies, including Mr Justice Teare (then head of the Commercial Court), Stephen Houseman QC (as he then was), Clare Ambrose, John Kimbell KC and His Honour Judge Pelling KC. Clare Ambrose had rejected large parts of Sheikh Mohamed’s Defence as having no real prospects of success at a summary judgment hearing. Other matters relating to the litigation were determined before various costs masters in the Senior Courts Costs Office, including Senior Costs Judge Gordon-Saker.

The remaining matters were listed for trial in October 2023 before Andrew Hochhauser KC (sitting as a High Court Judge), at which Focal Image obtained a substantial monetary judgment against Sheikh Mohamed. Focal Image also beat its previous Part 36 Offer. Accordingly, it was awarded indemnity costs, interest on costs at 10.25%, interest on the judgment sum from the period dating back to the Part 36 Offer in 2020, and the further 10% lump sum under CPR r. 36.17(4)(d) for beating a Claimant’s Part 36 offer.

The CANDEY team comprised of Ashkhan Candey, managing partner, Matthew Rogers, barrister and lead fee earner, Glen Samuel, pupil barrister, and Henry Watson, paralegal. Matthew Rogers also successfully appeared as sole Counsel at trial for Focal Image.

The case provides an apt illustration of CANDEY’s ability to act successfully on hotly contested High Court litigation which featured before over 10 different Judges. CANDEY’s client was awarded all its various costs.

Sheikh Mohamed had various different legal representatives during the course of the proceedings, including Baker & McKenzie and Mishcon de Reya.