Al Buhaira National Insurance Company v Horizon Energy LLC [2023] DIFC CA 001 (27 April 2023)

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URL: http://www.bailii.org/ae/cases/DIFC/2023/DCA_001.html
Cite as: [2023] DIFC CA 001, [2023] DIFC CA 1

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Al Buhaira National Insurance Company v Horizon Energy LLC [2023] DIFC CA 001

April 27, 2023 Court of Appeal - Judgments

Claim No: CA 001/2023

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: H.E. JUSTICE SHAMLAN AL SAWALEHI, JUSTICE LORD ANGUS GLENNIE, JUSTICE ROBERT FRENCH

BETWEEN

AL BUHAIRA NATIONAL INSURANCE COMPANY

Claimant/Appellant

and

HORIZON ENERGY LLC

Defendant/Respondent


Hearing :13 April 2023
Counsel :

Mr Nicolas Craig KC instructed by Clyde & Co for the Claimant/Appellant

Ms Zoe O’Sullivan with Mr Gregory Hogan instructed by Holman Fenwick Willian Middle East LLP for the Defendant/Respondent

Judgment :27 April 2023

JUDGMENT OF THE COURT OF APPEAL


UPON the Claimant’s Application No. CFI-098-2021/3 dated 29 August 2022 seeking an anti-suit injunction order (the “Anti-Suit Injunction Application”)

AND UPON the Order of H.E. Deputy Chief Justice Ali Al Madhani dated 9 November 2022 refusing the Anti-Suit Injunction Application (the “Order”)

AND UPON the Claimant’s application dated 18 November 2022 seeking permission to appeal the Order (the “PTA”)

AND UPON the Claimant’s Application No. CFI-098-2021/6 dated 24 November 2022 seeking an interim anti-suit injunction (the “Interim Anti-Suit Injunction Application”)

AND UPON the Order of H.E. Deputy Chief Justice Ali Al Madhani dated 19 January 2023 granting the PTA and the Interim Anti-Suit Injunction Application

AND UPON hearing counsel for the Appellant and counsel for the Respondent at the appeal hearing listed on 13 April 2023

IT IS HEREBY ORDERED THAT:

1. The Appeal is dismissed.

2. The Interim Anti-Suit Injunction is discharged.

3. The Appellant shall pay the Respondent’s costs of the Appeal, to be assessed by the Registrar if not agreed.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 27 April 2023
At: 12pm

SCHEDULE OF REASONS

1. The Court of Appeal was not satisfied that the Appellant had demonstrated appealable error in the reasoning of the Judge whether as a matter of discretion or evaluation.


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