His Excellency Sheikh Khalid & Ors v His Excellency Sheikh Hamed Bin Ahmed Al Hamed & Anor
[2024] EWHC 2448 (Comm)
Cancrie Investments Limited v Zulfiqur Al Tanveer Haider
22 July 2024
[2024] EWHC 1876 (Comm)
High Court
A company tried to collect a debt from someone in the UK based on a court ruling in the UAE. The debtor said the ruling was unfair because they weren't properly notified. The UK court looked at the evidence and decided the company had a good case, so the debtor's attempts to stop the debt collection failed, and the court kept a freeze on the debtor's assets.
Key Facts
- •Cancrie Investments Ltd. (Claimant) sought to enforce a UAE judgment debt against Zulfiqur Al Tanveer Haider (Defendant) in England.
- •The UAE judgment awarded AED 362,000,000 (approx. £81,760,000) plus interest to Abu Dhabi Commercial Bank (ADCB), subsequently assigned to the Claimant.
- •The Defendant denied the UAE judgment, claiming his signature on the guarantee was forged and he was not properly served.
- •The Defendant argued the UAE proceedings were contrary to natural justice due to inadequate service.
- •The Claimant sought to continue a worldwide freezing order against the Defendant's assets.
- •The Defendant applied to strike out the claim and for reverse summary judgment.
Legal Principles
Enforcement of foreign judgments at common law
Dicey, Morris and Collins on the Conflicts of Law (16th ed, 2023)
Requirements for a foreign court to have jurisdiction
Dicey, Morris and Collins on the Conflicts of Law (16th ed, 2023), Rule 47
Principles of natural justice in foreign judgment enforcement
Various case law cited, including Jacobson v Frachon, Maronier v Larmer, Vallée v Dumergue, OJSC Bank of Moscow v Chernyakov, Adams v Cape Industries, Agbara v Shell Petroleum Development Company
Test for good arguable case in freezing injunction applications
Ninemia Marine Corporation v Trave Schiffahrtgesellschaft, Lakatamia Shipping Co. Ltd v Morimoto, Kaefer v AMS Drilling Mexico, Harrington v Mehta, Chowgule & Co. Pte Ltd v. Shirke, Magomedov v. TPG Group Holdings, Omni Bridgeway (Fund 5) Cayman Investment Ltd v. Bugsby Property LLC, Unitel S.A. v Unitel International Holdings B.V.
Test for strike out applications under CPR 3.4(2)(a)
CPR 3.4(2)(a), Supreme Court Practice, CPRPD 3A, Bridgeman v McAlpine Brown, Swain v Hillman, Libyan Investment Authority v King, Maranello Rosso Ltd v. Lohomij BV, Begum v. Maran (UK) Ltd
Test for summary judgment applications under CPR Part 24
CPR Part 24, EasyAir Ltd v. Opal Telecom Ltd, Maranello Ross Ltd v. Lohomij BV, ArcelorMittal North America Holdings LLC v Ravi Ruia
Duty of full and frank disclosure in without notice injunction applications
Tugushev v. Orlov
Outcomes
Defendant's reverse summary judgment application dismissed.
Claimant has realistic prospects of success in enforcing the UAE judgment.
Defendant's strike out application dismissed.
Claimant has realistic prospects of success in enforcing the UAE judgment.
Claimant's application to continue the worldwide freezing order granted.
Claimant has a good arguable case, complied with full and frank disclosure, and it is just and convenient to continue the order.
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