Aiman Meqham Almeqham, the recognised liquidation trustee of Maan Al-Sanea and Saad Trading, Contracting and Financial Services Co, issued an application under Article 21(1)(d) of the CBIR 2006.
The trustee sought disclosure of documents concerning 19 London properties and 14 Saad Group companies from the director’s son asserting that these assets were held on trust for the debtors or that they had been transferred to defeat creditors. The properties, it should be noted, were already subject to an asset protection order.
The court applied the “reasonable requirement” test from section 236 of the Insolvency Act 1986, balancing the trustee’s need for information against potential oppression to the respondent. It found that while the documents concerned the debtors’ “affairs,” the trustee failed to show a reasonable requirement for them beyond enhancing his position in existing litigation. The court emphasised that insolvency powers should not be used to gain premature or broader disclosure than available to ordinary litigants.
Disclosure was refused for documents relating to the English properties and most Saad Group companies but granted by consent for narrower categories. The court also declined to compel production of documents the respondent stated he did not possess. Issues of privilege, confidentiality, and costs were deferred to a consequentials hearing.
This decision underscores the limits of Article 21(1)(d) relief and the importance of avoiding misuse of insolvency powers for litigation advantage.
Aiman Meqham Almeqham v Mishal Al-Sanea [2025] EWHC 1662 (Ch)
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