References: [2004] EWCA Civ 857, Times 22-Jul-2004
Links: Bailii
Coram: Sir Andrew Morritt VC, Lord Justice Chadwick, Lord Justice Carnwath
Ratio: The claimant sought administration of her husband’s estate according to his domicile in England. The defendant claimed the estate under Islamic law, and that there had been no marriage, and that he had been domiciled in Saudi Arabia.
Held: The real issue was as to whether Sharia law should be applied and whether the will was executed properly. Issues to be decided by a court in Saudi would follow the decisions to be made first by the English court. Case management directions were to be made to bring before the English court the issues which that court can, and should, decide before addressing issues of Islamic law. The perpetual restraint against the defendant issuing proceedings in Riyadh was lifted, and the claimant was to be allowed to amend her pleadings.
Jurisdiction: England and Wales
This case cites:
- Cited – Airbus Industrie G I E v Patel and Others HL (Times 06-Apr-98, House of Lords, Gazette 07-May-98, Bailii, [1998] UKHL 12, [1999] 1 AC 119, [1998] 2 All ER 257, [1998] 2 WLR 686)
An Indian Airlines Airbus A-320 crashed at Bangalore airport after an internal Indian flight. The plaintiff passengers lived in England. Proceedings began in Bangalore against the airline and the airport authority. The natural forum was the . . - Cited – Wim Harry Gerard Maronier v Bryan Larmer CA (Bailii, Times 13-Jun-02, Gazette 11-Jul-02, [2002] EWCA Civ 774, [2003] QB 620)
The defendant had been a dentist in the Netherlands. An action for damages was begun against him, but then stayed. Judgment was later entered in the Netherlands after he had moved to the UK, and of which he was ignorant. There was no subsisting . . - Cited – Societe Nationale Industrielle Aerospatiale v Lee Kui Jak, Yong Joon Kim and, Lee Kui Jak (F) PC ([1987] 1 AC 871, Bailii, [1987] UKPC 12)
Brunei Darussalam – The Board was asked where a civil claim should be tried.
Held: The court stated some principles governing the grant of anti-suit injunctions restraining foreign proceedings. The inconvenience of a forum is of itself not a . . - Cited – Pelligrini v Italy ECHR ((2002) 35 EHRR 2)
. . - Cited – Lubbe (Suing As Administrator Of The Estate Of Rachel Jacoba Lubbe) and 4 Others v Cape plc and Related Appeals HL (Gazette 31-Aug-00, Bailii, [2000] UKHL 41, [2000] 4 All ER 268, [2000] 1 WLR 1545)
South African asbestosis victims suing in England submitted that to stay their proceedings in favour of the South African forum would violate their article 6 rights. A stay was refused on the non-Convention ground that, because of the lack of . .
(This list may be incomplete)
Last Update: 09 April 2019
Ref: 198514
The post Al-Bassam v Al-Bassam: CA 1 Jul 2004 appeared first on swarb.co.uk.