Ahmad v Ouajjou & Anor [2024] EWHC 2659 (Comm) (28 August 2024)

Ahmad v Ouajjou & Anor [2024] EWHC 2659 (Comm) (28 August 2024)

There has been a material change of circumstances since the unless order, specifically the unavailability of Spanish property proceeds and the emergence of a buyer for the Dubai property, justifying an extension of time for compliance and a variation of the Worldwide Freezing Orders, subject to safeguards to protect the Claimant's interests.

Citation
[2024] EWHC 2659 (Comm)
Parties
Claimant: Shahraab Ahmad; First Defendant: Karim Ouajjou; Second Defendant: Yasmin Al Sahoud Perez
Jurisdiction
England and Wales
Judgment Date
28 August 2024
Procedural Posture
Commercial Court Application / Hearing of Defendants' Application to Extend Time for Compliance With Unless Order and to Vary Worldwide Freezing Orders
Outcome
Application granted
Legal Topics
Extension of Time, Unless Orders, Worldwide Freezing Orders, Relief From Sanctions, Costs Orders, Asset Realisation
Civil Procedure Commercial Law Extension of Time Unless Orders Worldwide Freezing Orders Relief From Sanctions Costs Orders Asset Realisation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Shahraab Ahmad

Claimant

Karim Ouajjou

First Defendant

Yasmin Al Sahoud Perez

Second Defendant

Procedural Posture

Commercial Court Application / Hearing of Defendants' Application to Extend Time for Compliance With Unless Order and to Vary Worldwide Freezing Orders

Legal Issues

  1. 1 Whether to extend time for compliance with unless order regarding payment of costs
  2. 2 Whether to vary Worldwide Freezing Orders to permit sale of Dubai property

Ratio Decidendi

There has been a material change of circumstances since the unless order, specifically the unavailability of Spanish property proceeds and the emergence of a buyer for the Dubai property, justifying an extension of time for compliance and a variation of the Worldwide Freezing Orders, subject to safeguards to protect the Claimant's interests.

Court Disposition

Application granted

Orders

  • Time for compliance with paragraph 1 of the unless order (Pelling Order) extended to 16 November 2024.
  • Worldwide Freezing Orders varied to permit sale of Dubai property, subject to conditions including two independent valuations, disclosure of purchaser identity, and proceeds to be paid into UK solicitors' account pending further order.