Barclays Bank PLC v (1) His Excellency Hamad Suhail. O. Al Khaili (2) Mr Ibrahim Daoud Jaffal [2021] DIFC CA 003 (03 February 2021)

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URL: http://www.bailii.org/ae/cases/DIFC/2021/ca_003.html
Cite as: [2021] DIFC CA 3, [2021] DIFC CA 003

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Barclays Bank PLC v (1) His Excellency Hamad Suhail. O. Al Khaili (2) Mr Ibrahim Daoud Jaffal [2021] DIFC CA 003

February 03, 2021 Court of Appeal - Judgments

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


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URL: http://www.bailii.org/ae/cases/DIFC/2021/ca_003.html