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ORION HOLDING OVERSEAS LIMITED v MOHAMED ABDEL KHALEQ MOHAMED ABDUL ALHAJ [2011] DIFC ENF 006 — Interim charging order against DIFC company shares (09 March 2011)

The dispute arises from the enforcement of a judgment debt owed by Mohamed Abdel Khaleq Mohamed Abdul Alhaj to Orion Holding Overseas Limited, which is currently in liquidation. Seeking to satisfy the outstanding debt, the Judgment Creditor applied to the DIFC Courts for an interim charging order.

Sushant Shukla· ·6 min read
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SENGUL DENIZ v AMANAH XDATA [2010] DIFC ENF 006 — Execution of judgment debt (25 February 2010)

The Registrar of the DIFC Courts formalizes the enforcement process against Amanah Xdata, authorizing the seizure of assets to satisfy a judgment debt of AED 22,773.13.

Sushant Shukla· ·5 min read
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VIJAY DODEJA v BUSINESS SOLUTIONS [2009] DIFC ENF 006 — Enforcement of Employment Standards Determination (24 May 2009)

The dispute originated from an employment grievance filed by Vijay Dodeja against his former employer, Business Solutions LLC. The matter was initially adjudicated by the Director of Employment Standards, who issued a formal Determination on 17 May 2009.

Sushant Shukla· ·6 min read
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HUSSAIN Al AWLAQI v KHURAM HUSSAIN [2011] DIFC ENF 005 — Compelling disclosure of assets (15 February 2011)

The DIFC Court of First Instance exercises its enforcement powers to mandate the personal attendance and comprehensive financial disclosure of a judgment debtor to facilitate the satisfaction of an outstanding judgment debt.

Sushant Shukla· ·6 min read
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LIQUIDATOR OF LUMIDIEM v KHALED SWEDAN [2010] DIFC ENF 005 — Withdrawal of liquidation enforcement application (18 March 2010)

The DIFC Court of First Instance formally dismissed an enforcement application and discharged the appointed liquidator following the sudden departure of the company’s directors and the subsequent resignation of the liquidating firm.

Sushant Shukla· ·4 min read
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KHALID SWEIDAN v LUMIDIEM [2010] DIFC ENF 005 — Execution order for judgment debt recovery (11 February 2010)

The dispute centers on the enforcement of two prior court orders dated 14 December 2009 and 17 January 2010, which established the liability of Lumidiem Limited toward the claimant, Khalid Sweidan.

Sushant Shukla· ·5 min read
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CHARLES BETT v LIBERTAS CAPITAL [2009] DIFC ENF 005 — Enforcement of Employment Standards Determination (07 April 2009)

The DIFC Court formalizes the enforcement of a Director of Employment Standards determination, mandating the payment of AED 188,470 to a former employee.

Sushant Shukla· ·6 min read
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JOHN CRAWFORD v LUMIDIEM [2010] DIFC ENF 004 — Execution of judgment debt (07 February 2010)

The dispute centers on the enforcement of a judgment debt originally entered on 25 January 2010. John Crawford, the Claimant, sought to recover a total sum of AED 78,461.25 from the Defendant, Lumidiem Limited.

Sushant Shukla· ·5 min read
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CHARLES FRANCIS v LIBERTAS CAPITAL [2009] DIFC ENF 004 — Enforcement of Employment Standards Determination (07 April 2009)

The dispute centered on the recovery of outstanding employment-related payments owed to Charles Francis by his former employer, Libertas Capital (Dubai) Limited. Following a formal review process, the Director of Employment Standards issued a Determination that required the Defendant to satisfy a…

Sushant Shukla· ·5 min read
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HUSSAIN AL AWLAQI v KHURAM HUSSAIN [2011] DIFC ENF 003 — Interim charging order against LLP interest (15 February 2011)

The claimants, Hussain Al Awlaqi and Andrew Clout, initiated enforcement proceedings against the judgment debtor, Khuram Hussain, to recover outstanding sums owed under a prior judgment.

Sushant Shukla· ·6 min read
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OMAR KADRIE v LUMIDIEM [2010] DIFC ENF 003 — Execution of judgment debt (19 January 2010)

The dispute concerns the enforcement of two prior court orders issued in December 2009, which established a total liability of AED 125,316.55 against the defendant, Lumidiem Limited.

Sushant Shukla· ·5 min read
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KBH KAANUUN v JANAYEN II [2011] DIFC ENF 002 — Compelling disclosure in enforcement proceedings (15 February 2011)

In the enforcement proceedings brought by KBH Kaanuun Limited against Janayen II Limited, the Court issued a rigorous order requiring the disclosure of comprehensive financial information.

Sushant Shukla· ·6 min read
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JAD AL FARES v AMANAH XDATA [2010] DIFC ENF 001 — Execution of judgment debt via asset seizure (18 January 2010)

The dispute centers on the enforcement of a judgment debt owed by Amanah Xdata to Jad Al Fares. Following the entry of judgment on 27 December 2009, the Claimant sought an execution order to recover the outstanding principal and associated court fees.

Sushant Shukla· ·5 min read
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NEST INVESTMENTS HOLDING LEBANON v DELOITTE & TOUCHE [2021] DIFC CA 014 — Procedural scheduling for appeal on limitation and loss recoverability (08 December 2021)

The litigation involves a multi-party claim brought by Nest Investments Holding Lebanon S.A.L. and several co-claimants, including (2) Jordanian Expatriates Investment Holding Company (4) Ghazi Kamel Abdul Rahman Abu Nahl (5) Jamal Kamel Abdul Rahman Abu Nahl (6) Trust Compass Insurance S.A.L.

Sushant Shukla· ·5 min read
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OSKAR v OLINDO [2024] DIFC CA 009 — Appellate clarification of 'Officer' status for RDC 50 enforcement (30 October 2024)

The DIFC Court of Appeal clarifies the functional interpretation of 'Officer' under RDC 50.2, confirming that majority shareholders and former managers may be compelled to provide information regarding a judgment debtor's assets.

Sushant Shukla· ·5 min read
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SHAHAB HAIDER v ERNST & YOUNG MIDDLE EAST [2012] DIFC CA 004 — Costs award following Court of Appeal proceedings (30 April 2012)

The dispute originated from the liquidation proceedings of Diwan Capital Limited and Orion Holding Overseas Limited. Shahab Haider, acting in his capacity as the liquidator for these entities, initiated proceedings against Ernst & Young Middle East.

Sushant Shukla· ·6 min read
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Pearl Petroleum v Kurdistan Regional Government [2017] DIFC ARB 003: The Limits of Alternative Service and Sovereign Immunity

How Justice Sir Jeremy Cooke balanced the enforcement of multi-billion dollar arbitral awards against the mandatory procedural requirements of the Riyadh Convention.

Sushant Shukla· ·42 min read
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ZUZANA KAPOVA v MILOSLAV MAKOVINI [2023] DIFC CA 004 — Appeal concerning security for costs and adverse inferences (12 January 2024)

The Court of Appeal confirms that a claimant’s failure to provide transparent asset disclosure in the face of suspicious cross-border transfers justifies an adverse inference for the purposes of security for costs under RDC 25.102(6).

Sushant Shukla· ·6 min read
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VEGIE BAR v EMIRATES NATIONAL BANK OF DUBAI PROPERTIES [2020] DIFC CA 001 — Indemnity costs and non-party liability (17 March 2021)

The Court of Appeal clarifies the threshold for indemnity costs and the circumstances under which a non-party director can be held personally liable for the costs of litigation funded and controlled for personal benefit.

Sushant Shukla· ·6 min read
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VEGIE BAR v EMIRATES NATIONAL BANK OF DUBAI PROPERTIES [2016] DIFC CA 013 — Appeal against security for costs order (18 December 2017)

The litigation concerns a claim for specific performance of a lease agreement dated 5 April 2012, involving two units, LP5 and LP6, located in Limestone House. The Appellant, Vegie Bar LLC (VB), contends that it concluded a lease agreement with Union Properties PJSC and that this interest is…

Sushant Shukla· ·6 min read
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VEGIE BAR v EMIRATES NATIONAL BANK OF DUBAI PROPERTIES [2020] DIFC CA 001 — Indemnity costs and non-party liability for speculative appeals (31 March 2021)

The DIFC Court of Appeal clarifies the threshold for indemnity costs and the circumstances under which a director may be held personally liable for the costs of an insolvent corporate litigant.

Sushant Shukla· ·7 min read
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TR88HOUSE RESTAURANT AND ENTERTAINMENT CENTRE v BOND INTERIOR DESIGN [2024] DIFC CA 006 — Costs adjudication following consent order (20 November 2024)

The Court of Appeal clarifies the strict application of RDC Part 32 costs consequences, confirming that informal settlement attempts do not override the financial implications of a rejected Part 32 offer.

Sushant Shukla· ·6 min read
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THE INDUSTRIAL GROUP v ABDELAZIM EL SHIKH EL FADIL HAMID [2022] DIFC CA 005 and CA 006 — Clarifying the transition of employment penalties (20 September 2022)

The dispute centered on the quantum of the penalty owed to Mr. Hamid for the late payment of his end-of-service entitlements. The Court of First Instance had awarded Mr. Hamid AED 7,550,400, calculated under the provisions of the DIFC Employment Law 2005.

Sushant Shukla· ·5 min read
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THE DUBAI INTERNATIONAL FINANCIAL CENTRE AUTHORITY [2020] DIFC CA 002 — The Court of Appeal’s first exercise of advisory jurisdiction (18 January 2021)

The DIFC Court of Appeal exercises its advisory jurisdiction for the first time, establishing strict boundaries for interpreting DIFC legislation in the absence of a live dispute.

Sushant Shukla· ·6 min read