Lenkor Energy Trading DMCC v Puri [2020] EWHC 1432 (QB) (04 June 2020)

Lenkor Energy Trading DMCC v Puri [2020] EWHC 1432 (QB) (04 June 2020)

The Dubai judgment is based on a statutory cause of action under Dubai law, not on the underlying contract; there is no English public policy objection to the Dubai statutory provision; enforcement of the Dubai judgment does not amount to indirect enforcement of an illegal contract; therefore, the judgment is not impeachable for public policy and is enforceable in England.

Citation
[2020] EWHC 1432
Parties
Claimant/respondent: Lenkor Energy Trading DMCC; Defendant/appellant: Irfan Iqbal Puri
Jurisdiction
England and Wales
Judgment Date
04 June 2020
Procedural Posture
Appeal / Appeal From Summary Judgment (queen's Bench Division, High Court)
Outcome
Appeal dismissed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Public Policy Defence, Illegality, Summary Judgment, Statutory Liability for Dishonoured Cheques
Conflict of Laws Commercial Law Enforcement of Foreign Judgments Recognition and Enforcement of Foreign Judgments Public Policy Defence Illegality Summary Judgment Statutory Liability for Dishonoured Cheques

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Parties

Lenkor Energy Trading DMCC

Claimant/respondent

Irfan Iqbal Puri

Defendant/appellant

Procedural Posture

Appeal / Appeal From Summary Judgment (queen's Bench Division, High Court)

Legal Issues

  1. 1 Whether enforcement of a Dubai court judgment in England is contrary to public policy due to underlying illegality in the original transaction
  2. 2 Whether the statutory liability under Dubai law is tainted by the illegality of the underlying contract under English law

Ratio Decidendi

The Dubai judgment is based on a statutory cause of action under Dubai law, not on the underlying contract; there is no English public policy objection to the Dubai statutory provision; enforcement of the Dubai judgment does not amount to indirect enforcement of an illegal contract; therefore, the judgment is not impeachable for public policy and is enforceable in England.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for the respondent (Lenkor Energy Trading DMCC) is upheld
  • Dubai FIC judgment is recognised and enforceable in England