Latest articles
ASHOK KUMAR GOEL v CREDIT SUISSE [2021] DIFC CA 002 — Jurisdiction over guarantees and the definition of 'Courts of Dubai' (26 April 2021)
The litigation arose from a series of guarantee agreements executed on 31 May 2016 by the Appellants—Ashok Kumar Goel, Sudhir Goyel, Manan Goel, and Prerit Goel—to secure credit facilities originally provided by Credit Suisse AG.
AMIRA C FOODS INTERNATIONAL DMCC v IDBI BANK LIMITED [2021] DIFC CA 004 — Abuse of process and the rule in Henderson v Henderson (24 August 2021)
The Appellants, Amira C Foods International DMCC and Karan A Chanana, sought to strike out the Bank’s claim for USD 6,421,224.71, arguing that the proceedings were an abuse of process under the *Henderson v Henderson* doctrine.
American International Group UK Limited v Qatar Insurance Co. [2024] DIFC CA 008 — Immediate assessment of appeal costs (20 November 2024)
The litigation involved a dispute over the costs incurred by the Respondent, Qatar Insurance Co., following the unsuccessful appeal brought by a consortium of seven insurers, including American International Group UK Limited.
AMERICAN INTERNATIONAL GROUP UK v QATAR INSURANCE CO [2024] DIFC CA 008 — Reinsurance liability and sanctions clause interpretation (20 September 2024)
The DIFC Court of Appeal confirms that standard sanctions exclusion clauses do not automatically void reinsurance contracts where only a portion of the underlying risk involves sanctioned entities, reinforcing the necessity of precise nexus analysis in international insurance disputes.
ASHOK KUMAR GOEL v CREDIT SUISSE [2021] DIFC CA 002 — Judgment on costs and discharge of stay orders (21 September 2021)
The Court of Appeal clarifies the procedural mechanism for managing overlapping costs assessments across multiple related proceedings, emphasizing the Registrar’s role in concurrent assessment.
LOTHAR LUDWIG HARDT v HUSSAIN ALI HABIB SAJWANI [2010] DIFC CA 036 — Strict application of appellate filing deadlines (09 December 2010)
The litigation originated from a dispute involving Dr. Lothar Ludwig Hardt and Hardt Trading F.Z.E. against Hussain Ali Habib Sajwani and Peter Riddoch. The appellants sought to overturn a substantive order issued by Deputy Chief Justice Sir Anthony Colman on 1 August 2010.
SHAHAB HAIDER v ERNST & YOUNG MIDDLE EAST [2013] DIFC CA 004 — Refusal to set aside Default Cost Certificates (16 April 2013) [20130416]
The dispute centers on the assessment of Bills of Costs following litigation between Shahab Haider, acting as the Liquidator of Orion Holdings Overseas Limited, and Ernst & Young Middle East.
AL KHORAFI v BANK SARASIN-ALPEN [2011] DIFC CA 003 — Procedural directions for appellate review (29 June 2011)
The litigation originates from CFI 026/2009, involving claims brought by Mr. Rafed Abdel Mohsen Bader Al Khorafi, Mrs. Amrah Ali Abdel Latif Al Hamad, and Mrs. Alia Mohamed Sulaiman Al Rifai against Bank Sarasin-Alpen (ME) Limited and Bank Sarasin & Co Limited.
AL KHORAFI v BANK SARASIN-ALPEN [2011] DIFC CA 026 — Permission to appeal granted (24 May 2011)
The DIFC Court of Appeal formalizes the progression of the Al Khorafi litigation, granting the Claimants leave to challenge the earlier CFI ruling regarding investment losses.
GFH CAPITAL v DAVID LAWRENCE HAIGH [2017] DIFC CA 002 — Finality of appellate determinations and the threshold for re-opening appeals (14 March 2017)
Justice Sir Jeremy Cooke denies the Defendant’s attempt to challenge a prior Court of Appeal order, reinforcing the strict limitations on re-opening final determinations under the Rules of the DIFC Courts.
GFH CAPITAL v DAVID LAWRENCE HAIGH [2017] DIFC CA 002 — Striking out appellate applications for procedural non-compliance (28 February 2017)
The litigation originated from a claim brought by GFH Capital Limited against its former employee, David Lawrence Haigh, alleging serious breaches of fiduciary duty and fraud. The Claimant asserted that the Defendant had orchestrated a scheme involving the issuance of false invoices to third…
GFH CAPITAL v DAVID LAWRENCE HAIGH [2016] DIFC CA 002 — Registrar strikes out appeal for failure to file skeleton argument (08 September 2016)
The dispute originated from the substantive proceedings in CFI 020/2014, where GFH Capital Limited sought legal recourse against David Lawrence Haigh. By the time the matter reached the Court of Appeal under reference CA 002/2016, the focus had shifted from the merits of the original claim to the…
GFH CAPITAL v DAVID LAWRENCE HAIGH [2016] DIFC CA 002 — Pro Bono funding and procedural management of multiple appeals (09 August 2016)
The dispute centers on the ongoing litigation between GFH Capital Limited and David Lawrence Haigh, which has involved complex freezing orders and multiple applications for relief. Following the Appellant’s request for an adjournment and financial assistance, the Court treated the application as a…
MR RAFED ABDEL MOHSEN BADER AL KHORAFI v BANK SARASIN ALPEN [2018] DIFC CFI 014 — Abuse of process and time-bar in banking litigation (18 April 2018)
The lawsuit centers on a claim for deceit arising from a 2007 margin call, which the Claimants allege was misrepresented by the Defendants. This followed extensive prior litigation (CFI 026/2009) concerning the mis-selling of financial products, specifically "the Notes," which resulted in a USD 35…
SHAHAB HAIDER v ERNST & YOUNG MIDDLE EAST [2013] DIFC CA 004 — Strict enforcement of cost assessment deadlines (16 April 2013)
The dispute arose from the assessment of costs following earlier litigation involving Shahab Haider, the liquidator of Orion Holdings Overseas Limited, and Ernst & Young Middle East.
SHAHAB HAIDER v ERNST & YOUNG DUBAI [2013] DIFC CA 004/2011 — Registrar grants extension of time for costs assessment (28 February 2013)
This order clarifies the procedural requirements for extending deadlines in the assessment of a Bill of Costs within the DIFC Courts, emphasizing the Registrar's role in formalizing consensual variations to RDC timelines.
SHAHAB HAIDER v ERNST & YOUNG MIDDLE EAST [2012] DIFC CA 004 — Awarding costs in insolvency-related appellate proceedings (30 April 2012)
The DIFC Court of Appeal formalizes the allocation of legal costs following the resolution of procedural disputes between the liquidator of Diwan Capital and Orion Holding Overseas and the respondent firm, Ernst & Young Middle East.
SHAHAB HAIDER v ERNST & YOUNG MIDDLE EAST [2012] DIFC CA 013 — Compelling document production in insolvency proceedings (24 January 2012)
The dispute centered on the Liquidator’s efforts to secure comprehensive access to the financial and operational records of Diwan Capital Limited, which were held by Ernst & Young Middle East (E&Y).
SHAHAB HAIDER v ERNST & YOUNG MIDDLE EAST [2012] DIFC CA 004 — Compelling document production in insolvency proceedings (22 January 2012)
The dispute centered on the Liquidator’s efforts to gain comprehensive access to the financial records and audit trail of Diwan Capital Limited, which was undergoing liquidation. Shahab Haider, acting in his capacity as the court-appointed Liquidator, initiated the application to ensure that all…
MONTE-CARLO STARS RESTAURANT v THE EMIRATES CAPITAL [2010] DIFC CA 005 — Finality of appellate dismissal (29 December 2010)
The litigation involved Monte-Carlo Stars Restaurant, a sole proprietorship, and its proprietor, Lionel Jean-Francois Henry, acting as Appellants against The Emirates Capital Limited.
MONTE-CARLO STARS RESTAURANT v THE EMIRATES CAPITAL [2010] DIFC CA 005 — Clarifying appellate filing timelines (14 December 2010)
The dispute centers on the procedural legitimacy of an appeal brought by Monte-Carlo Stars Restaurant and its sole proprietor, Lionel Jean-Francois Henry, against The Emirates Capital Limited. Following an order issued by H.E.
MONTE-CARLO STARS RESTAURANT v THE EMIRATES CAPITAL [2010] DIFC CA 005 — Procedural dismissal of appeal due to time-bar (09 December 2010)
The underlying dispute in CFI 005/2010 involved Monte-Carlo Stars Restaurant (a sole proprietorship also known as Monte-Carlo Stars Group) and its sole proprietor, Lionel Jean-Francois Henry, acting as the Appellants against the Respondent, The Emirates Capital Limited.
DAS REAL ESTATE v FIRST ABU DHABI BANK [2017] DIFC CA 002 — Permission to appeal granted (07 November 2017)
The underlying litigation, registered as CFI 002/2016, involves a complex dispute between Das Real Estate, represented by Mussabeh Salem Mussabeh Humaid Almuhairi, and First Abu Dhabi Bank.
Lachesis v Lacrosse [2021] DIFC CA 005 — Arbitration award enforcement and procedural technicalities (29 December 2021)
The Court of Appeal clarifies the limits of judicial intervention in international arbitration, affirming that procedural irregularities—such as the failure to sign every page of an award—do not necessitate setting aside an award absent demonstrable prejudice.