By judgment given on 14 February 2019 Mr Justice Andrew Baker held that the Government of Libya was represented by the Government of National Accord and the Presidency Council and that had been the case since at least April 2017, as contended by the Applicant Dr Ali Mahmoud Hassan Mohamed (“Dr Mahmoud”).
The Court held that this conclusion followed from the application of the “one voice” principle articulated by Lord Atkin in The Arantzazu Mendi  AC 256.
The ruling was given on a preliminary issue in the context of an ongoing dispute as to the Chairmanship of the Libyan Investment Authority between, inter alios, Dr Mahmoud and Mr AbdulMagid Breish, and previously considered by Mr Justice Blair in Bouhadi v Breish  EWHC 602 (Comm).
Timothy Otty QC and Andrew Scott appeared for Dr Mahmoud instructed by Macfarlanes LLP.
Shaheed Fatima QC and Eesvan Krishnan appeared for Mr Breish instructed by Stephenson Harwood LLP.