Invest Bank PSC v El-Husseini & Ors [2023] EWHC 2302 (Comm) (20 September 2023)

Invest Bank PSC v El-Husseini & Ors [2023] EWHC 2302 (Comm) (20 September 2023)

The UAE monetary judgments are final and conclusive in Abu Dhabi and thus enforceable in England at common law, regardless of their unenforceability in Abu Dhabi due to Article 121b. The Bank therefore has statutory capacity to pursue claims under ss.423-425 Insolvency Act 1986. The application to set aside the default judgment is refused as D6 failed to meet the threshold for relief from sanctions and there was no material prejudice or procedural irregularity warranting discretionary set aside.

Citation
[2023] EWHC 2302 (Comm)
Parties
Claimant: Invest Bank P. S. C.; First Defendant: Ahmad Mohammed El-Husseini; Sixth Defendant: Joan Eva Henry
Jurisdiction
England and Wales
Judgment Date
20 September 2023
Procedural Posture
Commercial Court Claim / Judgment on Preliminary Issues and Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment refused; Bank has capacity to pursue statutory and equitable claims to trial.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Default Judgment, Personal Guarantees, Statutory Capacity Under Insolvency Act 1986 Ss.423 425, Effect of Foreign Law on English Proceedings
Private International Law Insolvency Banking and Finance Recognition and Enforcement of Foreign Judgments Default Judgment Personal Guarantees Statutory Capacity Under Insolvency Act 1986 Ss.423 425 Effect of Foreign Law on English Proceedings

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Parties

Invest Bank P. S. C.

Claimant

Ahmad Mohammed El-Husseini

First Defendant

Joan Eva Henry

Sixth Defendant

Procedural Posture

Commercial Court Claim / Judgment on Preliminary Issues and Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether UAE monetary judgments are enforceable in England despite being unenforceable in Abu Dhabi due to subsequent UAE legislation
  2. 2 Whether the claimant bank has statutory capacity to pursue claims under ss.423-425 Insolvency Act 1986
  3. 3 Whether the default judgment against D1 should be set aside at the behest of D6

Ratio Decidendi

The UAE monetary judgments are final and conclusive in Abu Dhabi and thus enforceable in England at common law, regardless of their unenforceability in Abu Dhabi due to Article 121b. The Bank therefore has statutory capacity to pursue claims under ss.423-425 Insolvency Act 1986. The application to set aside the default judgment is refused as D6 failed to meet the threshold for relief from sanctions and there was no material prejudice or procedural irregularity warranting discretionary set aside.

Court Disposition

Application to set aside default judgment refused; Bank has capacity to pursue statutory and equitable claims to trial.

Orders

  • Default judgment against D1 stands.
  • Bank permitted to pursue claims under ss.423-425 Insolvency Act 1986.