CANDEY discharge High Court injunction obtained unlawfully

CANDEY successfully acted for Basem Bosheh against Sheikh Mohamed Bin Issa Al-Jaber, a renowned international businessman who is listed in the Sunday Times Rich List 2018 as being in the top 20 richest people in the UK.

Al Jaber had obtained worldwide multi-million pound freezing orders against a Palestinian banker and UK solicitor and an injunction preventing the appointment of a receiver over Al Jaber’s residential home. The orders had been obtained without notice at an ex parte hearing on the basis of allegations that the Defendants had defrauded him in respect of various loan agreements.

Al Jaber was found to have misled the Court, and failed to disclose material facts, leading to an unfair presentation of the case. Contrary to Al Jaber’s assertions that he would never borrow money above 12%, the Judge found that he has a history of borrowing money at very high interest rates and that he had signed facility agreements at a much higher rate.

CANDEY succeeded in discharging all the Court Orders and lifting the injunctions with an order penalising Al Jaber, requiring him to pay CANDEY’s client’s costs on an indemnity basis. In a resounding judgment for CANDEY’s client the Judge found that Al Jaber’s presentation of the evidence at the ex parte hearing was “unacceptably one-sided” and his “failure to provide full and frank disclosure was wholesale.” The Court commented that Al Jaber’s multiple breaches of non-disclosure were so serious, substantial and culpable as to warrant discharging the freezing order and injunctions.

[2018] EWHC 3038 (Ch)