A BRITISH businessman has won a £50 million legal ruling against members of the Brunei royal family over a failed attempt to launch a popular US coffee chain in the UK.

Mark Burby, a Jersey-based entrepreneur, is threatening to seize personal assets — including works of art and vintage Rolls-Royces — unless the defendants pay up.

Mr Burby, 37, had been seeking backing for the UK launch of The Coffee Bean & Tea Leaf, a Californian chain that has a cult following in South-East Asia. He was approached by Pengiran Ayub, a cousin of the Sultan of Brunei, and his wife, Pengiran Damit, the Sultan’s sister-in-law, about investing in the venture.

Mr Burby alleges that the money failed to materialise. He first launched legal proceedings in Singapore, where many of the negotiations had been. A judge ruled in favour of the Pengirans, saying the agreement had been between corporate entities, not individuals.

Mr Burby’s company, CBTL Holdings, then launched proceedings against Smart Plus Investment Holdings, registered in the British Virgin Islands (BVI). The Pengirans and their business agent, Alice Koo, were named as directors and shareholders of Smart Plus. The BVI High Court has ruled in favour of CBTL and assessed damages at £46.9 million plus costs.

If the damages are not paid, CBTL will seek to have Smart Plus placed in liquidation. The liquidators will have the power to seize personal assets belonging to the directors.

A lawyer for the Pengirans said that the dispute was a matter between companies.

Mr Burby is a well-known personality in Jersey. His helicopter is used for maritime search and rescue and features on the island’s postage stamps.

Mr Burby holds the UK franchise to The Coffee Bean & Tea Leaf — affectionately known as “The Bean”.

He says the Pengirans approached him in late 2000 with a view to investing £4.5 million (later £7 million) in the venture.

He alleges that the Pengirans and their agent repeatedly reneged on promises to hand over the funds.

Mr Burby said that he had been reassured by the Pengirans’ royal connections. He said: “We’re talking about royals who used their royal status to get us to do business. Then they royally shafted us.”

His expenditure included hiring senior staff, seeking sites and retaining architects.

The Coffee Bean & Tea Leaf has outlets in Singapore, Malaysia, Brunei and Indonesia.

Mr Burby has promised to pursue the Pengirans “for the rest of my life” if that was what it took to recover the funds. Options include attaching charges to works of art, jewellery and cars. Mr Pengiran is a renowned collector of vintage Rolls-Royces.

Mr Burby had hoped to develop The Coffee Bean & Tea Leaf as an expansive chain across Britain. Although he still holds the UK franchise, he says that the barriers to entry are too high and that the opportunity has now passed.

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