SUEING THE KING: King Fahd's 'wife' wins first round in £32bn court battle Monday, 13 June 2005
He is King Fahd of Saudi Arabia, one of the world's wealthiest men. She is Janan Harb, who claims to be one of his wives and is now seeking a share of his estimated £32 billion fortune in maintenance.
For 18 months their lawyers have been fighting in London's Royal Courts of Justice.
His lawyers argue that she cannot press ahead with her claim because the King, aged 82 and in poor health, is entitled to "sovereign immunity", which protects heads of state from being sued in the courts of another country.
The legal battle has been conducted in total secrecy, so much so that the case was given a fictitious name to protect the King's identity and subject to the most stringent orders designed to keep it out of the media.
But now Mrs Harb, 57, who lives in Knightsbridge, has won a significant victory in what promises to be a long and contentious dispute.
Three appeal court judges have granted her permission to appeal against the ruling that the King was entitled to sovereign immunity, and have ruled that the appeal must be held in open court.
So the stage is now set for a public airing of the affairs of the notoriously secretive Saudi Royal Family, of which King Fahd is head.
The King suffered a debilitating stroke 10 years ago and has been in hospital since May 27 with pneumonia and respiratory complications.
He is understood to have little control over his affairs, with his half-brother, Crown Prince Abdullah, taking charge of daily matters. The High Court heard that the King had gone to great lengths to keep the matter private.
In the Appeal Court judgment, made public last week, Lord Justice Thorpe said: "Clearly Mrs Harb was seen as a potential source of embarrassment. That is well illustrated by the fact that on March 1, 2001, an undisclosed principal (in reality the King) had paid Mrs Harb a substantial sum for entering into a binding deed of confidentiality covering all aspects of her past relationship with the King."
Little is known about Mrs Harb, who is believed to be of Jordanian origin, but has British citizenship after living in Britain off and on since the 1970s. It is understood that she is one of three, or possibly four, wives of King Fahd, and that she has two daughters from a previous relationship.
A friend described her as "incredibly strong-willed and determined".
She said: "Janan still loves the King, but she knows none of this is his doing. Her case is really against his advisers. She knows she is blazing a trail here. What she is doing is without precedence in the Middle East, for the wife of a ruler to sue him for maintenance, but she wants to see justice done".
The friend said Mrs Harb was "westernised", which had given her a different perspective. "She is a very proud, independent woman".
Mrs Harb, who still uses her maiden name, filed an application under section 27 of the Matrimonial Causes Act 1973 in January last year. She claimed that she was his wife and that he had failed to provide "reasonable maintenance" for her.
But, instead of settling her claim, his lawyers hit back claiming that the King was immune to the suit.
That view was upheld last October by Dame Elizabeth Butler-Sloss, then England's leading family judge and president of the High Court's Family Division.
She assigned the false name "Maple v Maple", using the surname of the district judge involved in an earlier stage of the case to disguise the identity of the King.
She ruled that he was entitled to secrecy because "once the press become aware of this they will dig a great deal deeper". But the appeal judges rejected her argument, and ruled that Dame Elizabeth, who has since retired, had "misdirected herself" in allowing the immunity issue to be heard in private. If Mrs Harb were to be deprived of the right to have her claim heard, ruled Lord Justice Thorpe, it should "not be secret justice".
"The identity of the sovereign seems to me to be relevant to any public debate of the issues raised by the plea of immunity," he said in his ruling. "The Family Justice system needs to be cautious of adopting fictions such as Maple v Maple that its critics can label as deceitful or designed to shield its workings from public scrutiny".
If Mrs Harb wins her appeal, due to be heard in November, her subsequent maintenance hearing will be heard in private.
By Caroline Davies (Filed: 14/06/2005)
Telegraph