A millionaire Tory party donor is facing a substantial legal bill after an attempted court action against the Conservative Middle East Council director.
Mohamed Amersi’s litigation against former Tory MP Charlotte Leslie hit a roadblock today after it failed to go to trial over procedural issues.
The High Court heard that the entrepreneur with links to Iran had undertaken legal procedures that amounted to “unreasonable behaviour”.
Mr Amersi, 61, who sat smartly dressed a few metres from Ms Leslie, 43, listened impassively as Mrs Justice Amanda Tipples ordered him to pay 65 per cent of the defendant’s legal costs in bringing the case to trial.
The judge told the claimant that he had tried “to have his cake and eat it” in bringing the data protection action to the Royal Courts of Justice.
Mr Amersi’s case stems from a memorandum from Ms Leslie after she examined his background and sent it to a handful of senior figures.
In his skeleton argument, which the judge allowed to be reported, he stated that in December 2020, Ms Leslie started collecting evidence on “his background, his business dealings and his family, by searching online and by speaking to her contacts".
The former MP then compiled a memorandum and briefing documents from the information that she had gathered before sending it to “various members of the diplomatic, national security and political communities”.
Mr Amersi is also planning to sue Ms Leslie for libel over the documents.
Among the people to which she passed the document in January this year was Ben Elliot, the Conservative Party chairman.
Mr Amersi, who has donated £1.2 million ($1.6m) to the Conservatives, became aware of the memo and believed Ms Leslie “was engaged in a campaign to damage his reputation in the eyes of those to whom it was most important to him", his argument stated.
She strongly contests the allegations.
The memorandum was compiled after Mr Amersi set up Conservative Friends of the Middle East and North Africa, regarded as a potential rival to CMEC.
Mr Amersi claims that during a dinner with Boris Johnson before he became prime minister, it was agreed that he should begin a new Conservative group to develop regional connections.
But the court document accused Ms Leslie of trying to “undermine his attempts to set up Comena through the widespread disclosure of misleading information about him”.
The very top of the British establishment has been dragged into the controversy, with Prince Charles, who entertained Mr Amersi, drawn into questions over party funding, along with former prime minister Theresa May.
The dispute, which has led to questions over “cash for access” and behind-the-scenes deals allegedly shaped by Mr Elliot, originates in the Tories' interests in the Middle East.
Much of the court case is based on a data access request made by Mr Amersi under the Data Protection Act.
But in a day of legal argument, the court heard his legal team had undertaken a Part 8 claim, where witness statements are agreed between the parties, rather than a Part 7 Claim in which they are not and witnesses are cross-examined.
“If the claimant had taken the trouble to follow the correct procedures it would be very likely that he would not be in the situation he faces today,” Ms Tipples said.
“Costs have been inevitably wasted."
Pepin Aslett, Ms Leslie’s barrister, said the claimant's conduct in the manner “in which they brought these proceedings amounts to unreasonable behaviour”.
It is unclear how much Mr Amersi will now have to pay in costs but bringing a case to the High Court comes to a considerable amount.
The controversy over Conservative Party funding will take centre stage in the court next spring, with Ms Leslie and Mr Amersi expected to give evidence under the Part 7 procedure.
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Tank warfare
Lt Gen Erik Petersen, deputy chief of programs, US Army, has argued it took a “three decade holiday” on modernising tanks.
“There clearly remains a significant armoured heavy ground manoeuvre threat in this world and maintaining a world class armoured force is absolutely vital,” the general said in London last week.
“We are developing next generation capabilities to compete with and deter adversaries to prevent opportunism or miscalculation, and, if necessary, defeat any foe decisively.”
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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
MATCH INFO
Manchester United v Manchester City, Wednesday, 11pm (UAE)
Match is on BeIN Sports
Friday's schedule at the Etihad Airways Abu Dhabi Grand Prix
GP3 qualifying, 10:15am
Formula 2, practice 11:30am
Formula 1, first practice, 1pm
GP3 qualifying session, 3.10pm
Formula 1 second practice, 5pm
Formula 2 qualifying, 7pm
Our legal columnist
Name: Yousef Al Bahar
Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994
Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers
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Uefa Champions League play-off
First leg: Wednesday, 11pm (UAE)
Ajax v Dynamo Kiev
Second leg: Tuesday, August 28, 11pm (UAE)
Dynamo Kiev v Ajax
MWTC info
Tickets to the MWTC range from Dh100 and can be purchased from www.ticketmaster.ae or by calling 800 86 823 from within the UAE or 971 4 366 2289 from outside the country and all Virgin Megastores. Fans looking to attend all three days of the MWTC can avail of a special 20 percent discount on ticket prices.
Results
1. New Zealand Daniel Meech – Fine (name of horse), Richard Gardner – Calisto, Bruce Goodin - Backatorps Danny V, Samantha McIntosh – Check In. Team total First round: 200.22; Second round: 201.75 – Penalties 12 (jump-off 40.16 seconds) Prize €64,000
2. Ireland Cameron Hanley – Aiyetoro, David Simpson – Keoki, Paul Kennedy – Cartown Danger Mouse, Shane Breen – Laith. Team total 200.25/202.84 – P 12 (jump-off 51.79 – P17) Prize €40,000
3. Italy Luca Maria Moneta – Connery, Luca Coata – Crandessa, Simone Coata – Dardonge, Natale Chiaudani – Almero. Team total 130.82/198.-4 – P20. Prize €32,000
Asia Cup Qualifier
Venue: Kuala Lumpur
Result: Winners play at Asia Cup in Dubai and Abu Dhabi in September
Fixtures:
Wed Aug 29: Malaysia v Hong Kong, Nepal v Oman, UAE v Singapore
Thu Aug 30: UAE v Nepal, Hong Kong v Singapore, Malaysia v Oman
Sat Sep 1: UAE v Hong Kong, Oman v Singapore, Malaysia v Nepal
Sun Sep 2: Hong Kong v Oman, Malaysia v UAE, Nepal v Singapore
Tue Sep 4: Malaysia v Singapore, UAE v Oman, Nepal v Hong Kong
Thu Sep 6: Final
Asia Cup
Venue: Dubai and Abu Dhabi
Schedule: Sep 15-28
Teams: Afghanistan, Bangladesh, India, Pakistan, Sri Lanka, plus the winner of the Qualifier
Election pledges on migration
CDU: "Now is the time to control the German borders and enforce strict border rejections"
SPD: "Border closures and blanket rejections at internal borders contradict the spirit of a common area of freedom"
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Avatar: Fire and Ash
Director: James Cameron
Starring: Sam Worthington, Sigourney Weaver, Zoe Saldana
Rating: 4.5/5
TO A LAND UNKNOWN
Director: Mahdi Fleifel
Starring: Mahmoud Bakri, Aram Sabbah, Mohammad Alsurafa
Rating: 4.5/5