The claim for procuring breach of contract
The claim for procuring breach of contract
This claim rests upon the alleged effect of the letter sent by QNB to the SSIF and deployed in the arbitration between KRIC and SSIF (“the March 2014 Letter”), which I accept was arguably false, dishonest and written for the purpose of damaging KRIC’s claims in the arbitration. I can well understand on that basis why Mr Al Haroun feels a strong sense of grievance about the March 2014 Letter. However, it is nonetheless necessary to identify a viable cause of action before this claim can proceed.
The only cause of action put forward at the hearing, and which features in the draft Particulars of Claim settled by leading and junior counsel, is the allegation that the sending of the letter assisted a breach by the SSIF of the SPA. The SPA is governed by Swiss law, but the draft Particulars of Claim accept that the claim in tort for assisting or procuring breach is governed by Qatari law.
- Heading
- Section 1
- The background
- The proceedings
- The test for granting permission to amend and summary judgment
- The conspiracy and dishonest assistance claims
- Limitation
- Entitlement to sue
- The other issues raised
- The claim for procuring breach of contract
- Limitation
- Entitlement to sue
- Is it arguable that there has been a breach of contract?
- The remaining issues raised
- The jurisdiction application
- Conclusions
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