Latest articles
CREDIT EUROPE BANK v NEW MEDICAL CENTRE TRADING [2020] DIFC CFI 036 — Dismissal of confidentiality application (08 July 2020)
The DIFC Court of First Instance reaffirms the primacy of open justice, rejecting an attempt by NMC entities to shield litigation from public scrutiny.
CREDIT EUROPE BANK v NEW MEDICAL CENTRE TRADING [2020] DIFC CFI 036 — Procedural management of complex banking litigation (02 June 2020)
The litigation concerns a claim initiated by Credit Europe Bank (Dubai) Ltd against New Medical Centre Trading LLC, NMC Healthcare LLC, and Bavaguthu Raghuram Shetty. The dispute arises within the context of the broader financial restructuring and legal challenges faced by the NMC group during…
CREDIT EUROPE BANK v NEW MEDICAL CENTRE TRADING [2020] DIFC CFI 036 — Procedural extension for the Third Defendant (28 May 2020)
The litigation involves Credit Europe Bank (Dubai) Ltd as the Claimant, pursuing claims against three defendants: New Medical Centre Trading LLC, NMC Healthcare LLC, and Bavaguthu Raghuram Shetty.
KIAN SAADAT YAZDI v BARCLAYS BANK PLC [2020] DIFC CFI 036/2019 — Consolidation and stay of proceedings (02 January 2020)
The litigation involved two separate claims brought against Barclays Bank PLC by Kian Saadat Yazdi and Hassan Saadat Yazdi. The core of the dispute centered on the legal validity of certain financial documents, which the Claimants sought to have declared null and void.
PHILIPPE YVES MOSER v ES BANKERS [2016] DIFC CFI 036 — Denial of default judgment due to service and insolvency stay (02 June 2016)
The claimant, Philippe Yves Moser, sought to obtain a default judgment against the respondent, ES Bankers (Dubai) Limited, which is currently in liquidation. The application was predicated on the belief that the procedural requirements for a default judgment had been met following the filing of a…
VANNIN CAPITAL PCC v RAFED ABDEL MOHSEN BADER AL KHORAFI [2018] DIFC CFI 036 — Consent order for discontinuance following fund distribution (21 February 2018)
The litigation, initiated by Vannin Capital PCC for and on behalf of protected cell - Project Ramsey, centered on complex claims arising from the underlying financial disputes previously ventilated in CFI-026-2009.
VANNIN CAPITAL PCC PLC v MR RAFED ABDEL MOHSEN BADER AL KHORAFI [2016] DIFC CFI 036 — Consent order for distribution of USD 11.4 million in held funds (18 May 2016)
The litigation in CFI-036-2014 centered on the distribution of a significant sum of money, specifically USD 11,445,049, which had been previously paid into the DIFC Court by defendants in the related proceedings of CFI-026-2009.
VANNIN CAPITAL v AL KHORAFI [2016] DIFC CFI 036 — Dismissal of appeal regarding litigation funding and arbitration stay (18 April 2016)
The litigation arose from a Restated Litigation Funding Agreement (RLFA) dated 21 April 2013, under which Vannin Capital provided funding for the Al Khorafis’ claims against Bank Sarasin-Alpen.
Kian Saadat Yazdi v Barclays Bank PLC [2019] DIFC CFI 036/2019 — Consolidation and stay of proceedings (31 December 2019)
The litigation involved two separate but substantively identical claims brought by Kian Saadat Yazdi and Hassan Saadat Yazdi against Barclays Bank PLC. The core of the dispute centered on the validity of certain financial documents, with the claimants seeking a judicial declaration that these…
BARCLAYS BANK PLC v ESSAR GLOBAL FUND [2017] DIFC CFI 036 — Refusal of permission to appeal enforcement of New York judgment (11 July 2017)
The dispute centers on the enforcement of a substantial foreign judgment obtained by Midtown Acquisitions L.P. and other claimants against Essar Global Fund Limited. The claimants sought to enforce a New York Supreme Court judgment valued at USD 171,769,169 within the DIFC.
BARCLAYS BANK PLC v ESSAR GLOBAL FUND [2017] DIFC CFI 036 — Interim payment of costs on account (29 June 2017)
The litigation, registered under case number CFI-036-2016, involves a multi-party claim brought by Barclays Bank PLC, Credit Suisse Loan Funding LLC, Midtown Acquisitions LP, and Special Situations Investing Group Inc. against the defendant, Essar Global Fund Limited.
BARCLAYS BANK PLC v ESSAR GLOBAL FUND [2017] DIFC CFI 036 — Consent order for procedural extension (21 May 2017)
The litigation involves a complex multi-party dispute between Barclays Bank PLC, Credit Suisse Loan Funding L.L.C., Midtown Acquisitions L.P., and Special Situations Investing Group Inc. against Essar Global Fund Limited.
BARCLAYS BANK PLC v ESSAR GLOBAL FUND [2017] DIFC CFI 036 — Consent order for party removal (02 March 2017)
The litigation, registered under case number CFI 036/2016, originated as a multi-party action brought by four distinct financial entities against Essar Global Fund Limited. The original claimants included Barclays Bank PLC, Credit Suisse Loan Funding L.L.C., Midtown Acquisitions L.P., and Special…
BARCLAYS BANK PLC v ESSAR GLOBAL FUND [2017] DIFC CFI 036 — Concurrent hearing of jurisdiction and immediate judgment applications (02 January 2017)
The DIFC Court of First Instance clarifies that foreign judgment enforcement proceedings do not require the strict procedural separation of jurisdiction and summary judgment hearings typically observed in English practice.
PHILIPPE YVES MOSER v ES BANKERS [2016] DIFC CFI 036 — Denial of leave to appeal due to insolvency procedural failure (07 September 2016)
The claimant, Philippe Yves Moser, sought to challenge an order by H.E. Justice Shamlan Al Sawalehi, which had previously upheld a decision by Judicial Officer Maha Al Mehairi to deny summary judgment against ES Bankers (Dubai) Limited.
PHILIPPE YVES MOSER v ES BANKERS [2016] DIFC CFI 036 — Upholding procedural rigour in insolvency litigation (30 June 2016)
The dispute originated from the insolvency proceedings of ES Bankers (Dubai) Limited. Following the bank’s entry into liquidation, the joint liquidator, Mr. Phil Bowers, rejected a proof of debt submitted by the Claimant, Philippe Yves Moser.
VANNIN CAPITAL PCC PLC v MR RAFED ABDEL MOHSEN BADER AL KHORAFI [2016] DIFC CFI 036 — Finality of interlocutory orders and litigation funding (11 April 2016)
The DIFC Court of First Instance affirms the principle of finality in interlocutory proceedings, denying the Khorafi defendants permission to appeal a refusal to release funds held in court or stay ongoing arbitration.
VANNIN CAPITAL PCC PLC v MR RAFED ABDEL MOHSEN BADER AL KHORAFI [2016] DIFC CFI 036 — Dismissal of application to vary preservation order (11 February 2016)
The DIFC Court of First Instance affirms the stringent requirements for varying interlocutory orders, rejecting attempts to relitigate established preservation measures without new, material evidence.
VANNIN CAPITAL PCC PLC v MR RAFED ABDEL MOHSEN BADER AL KHORAFI [2015] DIFC CFI 036 — Final assessment of costs and waiver of appeal rights (19 November 2015)
The lawsuit centered on the final determination of legal costs owed by the First, Second, and Third Defendants—Mr. Rafed Abdel Mohsen Bader Al Khorafi, Mrs. Amrah Ali Abdel Latif Al Hamad, and Mrs. Alia Mohamed Sulaiman Al Rifai—to the Claimant, Vannin Capital PCC PLC.
VANNIN CAPITAL PCC PLC v AL KHORAFI [2015] DIFC CFI 036 — Interim payment order in detailed cost assessment (10 September 2015)
Judicial Officer Maha Al Mehairi orders a partial payment into Court pending the final determination of a contested bill of costs in a complex multi-party litigation.
EDESSA ENGINEERING v SOLIDERE INTERNATIONAL [2012] DIFC CFI 036 — Procedural termination of construction-related dispute (18 December 2012)
The litigation identified as CFI 036/2012 involved two claimants, Edessa Engineering, Design and Environmental Services S.A.L and Edessa International Offshore S.A., against the respondent, Solidere International Limited.
LOTHAR LUDWIG HARDT v HUSSAIN AL HABIB SAJWANI [2011] DIFC CFI 036 — Final resolution of the long-standing dispute (19 January 2011)
The Court of First Instance formalizes the conclusion of the litigation between Dr. Lothar Ludwig Hardt and Hussain Al Habib Sajwani through a final consent order.
LOTHAR LUDWIG HARDT v HUSSAIN ALI HABIB SAJWANI [2010] DIFC CFI 036 — Jurisdictional strike out and procedural refinement (01 August 2010)
The litigation, initiated by Dr. Lothar Ludwig Hardt and Hardt Trading F.Z.E, faced a significant hurdle regarding the court's authority over the named parties. Following the substantive judgment delivered on 4 April 2010, the court addressed the threshold issue of whether the DIFC Court possessed…
ELI MYDLARZ v SADAPAY TECHNOLOGIES [2026] DIFC CFI 035 — Assessment of costs following failed appeal (24 March 2026)
The dispute arose following the dismissal of the Defendant’s Renewed Application for permission to appeal. The Claimant, Eli Mydlarz, submitted a statement of costs totaling AED 59,600 for the work performed in responding to that application.