Claim No: CA 003/2021
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai
IN THE COURT OF APPEAL
BEFORE CHIEF JUSTICE ZAKI AZMI, JUSTICE SIR JEREMY COOKE AND JUSTICE WAYNE MARTIN
BETWEEN
BARCLAYS BANK PLC
Claimant/Appellant
and
(1) HIS EXCELLENCY HAMAD SUHAIL. O. AL KHAILI
(2) MR IBRAHIM DAOUD JAFFAL
Defendants/Respondents
JUDGMENT
| Hearing : | 1 February 2021 |
|---|---|
| Judgment : | Mr Adrian de Froment instructed by Eversheds Sutherland International LLP for the Appellant. Mr Michael Patchett-Joyce instructed by Khalifa Bin Huwaidan Al Ketbi Advocates and Legal Consultant for the Respondents |
| Judgment : | 3 February 2021 |
ORDER
UPONthe Appellant’s Appeal Notice filed on 21 December 2020 seeking permission to Appeal against the Order of H.E Justice Ali Al Madhani issued on 30 November 2020 (the“Appeal”)
AND UPONreviewing the Respondent’s submissions in opposition filed on 3 January 2021
AND UPONthe Order of H.E Justice Ali Al Madhani issued on 18 January 2021 granting permission to appeal (the defined terms of which have been adopted herein)
AND UPONhearing counsel for the Appellant and counsel for the Respondents at the hearing on 1 February 2021 (the“Hearing”)
AND UPONreading the submissions and evidence filed and recorded in the Court file
AND UPONthis Order being handed down ex tempore at the Hearing
IT IS HEREBY ORDERED THAT:
1. The Appeal is allowed.
2. The DIFC Court has exclusive jurisdiction over the Dispute Referred to the DIFC Courts pursuant to Article 5(A)(1)(a), Article 5(A)(1)(b) and Article 5(A)(2) of Dubai Law No. 12 of 2004, being the Judicial Authority at Dubai International Financial Centre, as amended (the“JAL”).
3. The DIFC Court has exclusive jurisdiction over the Dispute Referred to the Abu Dhabi Courts pursuant to Article 5(A)(1)(a), Article 5(A)(1)(b) and Article 5(A)(2) of the JAL.
4. The Respondent is to pay the Appellant’s costs of the appeal and of the application in the court below, such costs to be the subject of assessment if not agreed.
5. Reasons to follow.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 3 February 2021
Time: 3pm