The suit, launched by Mohammed bin Issa al Jaber, the chairman of MBI International, has launched the legal action in a New York court. He is seeking the handing over of the documents which relate to a confidential settlement agreed between the bank and the Saudi government a decade a go. The businessman alleges that Barclays paid money to get a banking licence. In a domino effect of a series of transactions involving MBI and other property companies, MBI and another company lost out when relations soured and smoke rental payments went unpaid. 

Seeking discovery

Brad Simon, a lawyer unconnected to the case, told the Financial Times that the lawyers of Mr Jaber 'are seeking discovery before they have commenced any action and they are using a rather arcane provision.  That provision allows for pre-action discovery only under very narrow circumstances. One example is when the evidence is likely to be destroyed. There is no such showing in this situation.'