Commercial Bank of Dubai PSC & Ors v Hortin Holdings Ltd & Ors [2023] EWHC 2624 (Comm) (04 October 2023)

Commercial Bank of Dubai PSC & Ors v Hortin Holdings Ltd & Ors [2023] EWHC 2624 (Comm) (04 October 2023)

The First to Sixth Defendants were properly served with the worldwide freezing order, continuation order, and contempt application. They failed to comply with asset disclosure obligations, provided inadequate and legally unsound excuses, and deliberately delayed compliance. Their conduct constituted contempt of court for non-compliance with asset disclosure, failure to disclose assets, bank accounts, disposals, and asset documents. The court exercised its discretion to proceed in their absence and found them in contempt.

Citation
[2023] EWHC 2624 (Comm)
Parties
First Claimant: Commercial Bank of Dubai PSC; Second Claimant: Hortin Holdings Limited; Third Claimant: Westdene Investment Limited; Fourth Claimant: Lodge Hill Limited; Fifth Claimant: VS 1897 (Cayman) Limited; First Defendant: Abdalla Juma Majid Al Sari; Second Defendant: Majid Abdalla Juma Al Sari; Third Defendant: Mohamed Abdalla Juma Al Sari; Fourth Defendant: FAL Oil Co LLC; Fifth Defendant: Investment Group Private Limited; Sixth Defendant: IGPL General Trading LLC; Seventh Defendant: Globe Investment Holdings Limited; Eighth Defendant: MENA Investment Holdings Limited; Ninth Defendant: MAS Capital Holdings Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2023
Procedural Posture
Contempt Application in Commercial Enforcement Proceedings / Sanctions Hearing and Judgment
Outcome
First to Sixth Defendants found in contempt of court for non-compliance with asset disclosure obligations under freezing orders.
Legal Topics
Asset Disclosure, Freezing Orders, Contempt of Court, Service of Process, Sanctions
Commercial Law Civil Procedure Enforcement Asset Disclosure Freezing Orders Contempt of Court Service of Process Sanctions

Case Brief

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Parties

Commercial Bank of Dubai PSC

First Claimant

Hortin Holdings Limited

Second Claimant

Westdene Investment Limited

Third Claimant

Lodge Hill Limited

Fourth Claimant

VS 1897 (Cayman) Limited

Fifth Claimant

Abdalla Juma Majid Al Sari

First Defendant

Majid Abdalla Juma Al Sari

Second Defendant

Mohamed Abdalla Juma Al Sari

Third Defendant

FAL Oil Co LLC

Fourth Defendant

Investment Group Private Limited

Fifth Defendant

IGPL General Trading LLC

Sixth Defendant

Globe Investment Holdings Limited

Seventh Defendant

MENA Investment Holdings Limited

Eighth Defendant

MAS Capital Holdings Limited

Ninth Defendant

Procedural Posture

Contempt Application in Commercial Enforcement Proceedings / Sanctions Hearing and Judgment

Legal Issues

  1. 1 Whether the First to Sixth Defendants breached asset disclosure obligations under freezing orders
  2. 2 Whether service of relevant orders and applications was properly effected
  3. 3 Whether the court should proceed in the absence of Defendants

Ratio Decidendi

The First to Sixth Defendants were properly served with the worldwide freezing order, continuation order, and contempt application. They failed to comply with asset disclosure obligations, provided inadequate and legally unsound excuses, and deliberately delayed compliance. Their conduct constituted contempt of court for non-compliance with asset disclosure, failure to disclose assets, bank accounts, disposals, and asset documents. The court exercised its discretion to proceed in their absence and found them in contempt.

Court Disposition

First to Sixth Defendants found in contempt of court for non-compliance with asset disclosure obligations under freezing orders.

Orders

  • Court proceeds in absence of First to Sixth Defendants.
  • Sanctions for contempt to be determined.