Jeremy Richmond QC wins a high-profile jurisdiction case in the English High Court establishing that customers of Lebanese banks with personal accounts may sue in the EU for the return of their funds rather than in the Lebanese Courts.
Jeremy Richmond QC appeared for Mr Khalifeh in successfully resisting the attempt of Lebanese Bank, Blom Bank, to challenge the jurisdiction of the English High Court to determine Mr Khalifeh's claim for the repayment of the US $1.4 M balance in his account with the Bank. The decision is significant since it allows non-business customers of Lebanese banks to sue in the EU Member State where they were domiciled at the time of opening their bank account, rather than having to bring court proceedings in Lebanon.
The Bank had argued that Lebanon, not England, was the appropriate jurisdiction for the claim to be determined. The English Court found that it had jurisdiction to hear the claim under Article 17 of the EU Recast Judgments Regulation since it concerned matters relating to a consumer contract between Mr Khalifeh and the Bank concluded while Mr Khalifeh was domiciled in England. The Court refused the Bank's request for permission to appeal. The decision is made in the context where many holders of foreign currency accounts with Lebanese Banks have found it impossible to withdraw funds because of the effective capital controls imposed by the Lebanese banks.
Jeremy led Zahler Bryan (of Serle Court) and was instructed by Rosenblatt Solicitors (Joseph McCormick, Danielle Carr and Ben Siskind).