BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[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 >> Mohamed v Breish & Ors [2019] EWHC 786 (Comm) (01 April 2019) URL: http://www.bailii.org/ew/cases/EWHC/Comm/2019/786.html Cite as: [2019] EWHC 786 (Comm) |
[New search] [Printable PDF version] [Help]
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Rolls Building, Fetter Lane, London EC4A 1NL |
||
B e f o r e :
____________________
DR ALI MAHMOUD HASSAN MOHAMED |
Applicant |
|
- and - |
||
MR ABDULMAGID BREISH DR HUSSEIN MOHAMED HUSSEIN ABDLMORA MESSRS MARK JAMES SHAW and SHANE MICHAEL CROOKS THE LIBYAN INVESTMENT AUTHORITY |
Respondents |
____________________
Shaheed Fatima QC and Eesvan Krishnan (instructed by Stephenson Harwood LLP) for the First Respondent
The Second to Fourth Respondents made no submissions upon the application determined by this judgment
____________________
Crown Copyright ©
Mr Justice Andrew Baker :
"2. The Preliminary Issue is determined by the following declarations:
(1) the question of which body represents or has at any material time represented the executive authority and Government of Libya falls to be determined, if it arises before this court, under English law; and
(2) the executive authority and Government of Libya is represented today and has been represented since at least 19 April 2017 by the Government of National Accord and the Presidency Council, and that is so if and insofar as relevant to and for the purpose of Article 6 of Law No. 13 of 1378 DP (2010) made by the then General People's Congress of Libya or for any other purpose to which the question might matter if it arises before this court in relation to the Applications [i.e. Dr Mahmoud's claims]."
"2A. For the avoidance of doubt, the declarations at §2(1)-(2) above do not decide whether an English Court is precluded (by virtue of the one voice doctrine or otherwise) from considering whether the Government of National Accord and the Presidency Council lack the power under Libyan law (including the Libyan Political Agreement) to appoint the Board of Trustees of the Libyan Investment Authority under Article 6 of Law No. 13."
OR
"2A. The nature and effect of the one voice doctrine, as applied to the facts of this case, is such that the English Court is precluded, in the future disposal of these Applications, from considering the further question of whether the Government of National Accord and the Presidency Council had or had not been lawfully constituted or authorised in some particular regard as a matter of Libyan law (including under the Libyan Political Agreement)."