Invest Bank PSC v Ahmad Mohammed El-Husseini & Ors

Invest Bank PSC v Ahmad Mohammed El-Husseini & Ors

The UAE Monetary Judgments are final and conclusive in Abu Dhabi and thus enforceable at common law in England, notwithstanding their unenforceability in Abu Dhabi due to Article 121b and the UAE Execution Judgments. There is no common law rule barring enforcement in England based on local non-enforceability. The Guarantees are also valid and enforceable under UAE law, as Article 121b does not apply to corporate borrowing or personal guarantees for such borrowing. The Default Judgment against D1 will not be set aside, as D6 cannot satisfy the requirements for relief from sanctions and there is no practical prejudice. The Bank has capacity as a 'victim' to pursue its statutory and...

Parties
Claimant: Invest Bank P. S. C.; First Defendant: Ahmad Mohammed El-Husseini; Sixth Defendant: Joan Eva Henry; Defendants: Others (D2-D5, D7-D8)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Claim (enforcement of Foreign Judgments, Ss.423 425 Insolvency Act 1986) / Determination of Preliminary Issues and Application to Set Aside Default Judgment
Outcome
Preliminary issues determined in favour of the Bank; application to set aside Default Judgment dismissed; Bank has capacity to pursue claims.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Default Judgment, Setting Aside Default Judgment, Statutory Victim Status Under Insolvency Act, Effect of Foreign Law on English Proceedings
Private International Law Insolvency Law Civil Procedure Recognition and Enforcement of Foreign Judgments Default Judgment Setting Aside Default Judgment Statutory Victim Status Under Insolvency Act 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

Others (D2-D5, D7-D8)

Defendants

Procedural Posture

Commercial Court Claim (enforcement of Foreign Judgments, Ss.423 425 Insolvency Act 1986) / Determination of 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 a change in UAE law
  2. 2 Whether the Guarantees remain valid and enforceable under UAE law
  3. 3 Whether the Default Judgment against D1 should be set aside at the application of D6

Ratio Decidendi

The UAE Monetary Judgments are final and conclusive in Abu Dhabi and thus enforceable at common law in England, notwithstanding their unenforceability in Abu Dhabi due to Article 121b and the UAE Execution Judgments. There is no common law rule barring enforcement in England based on local non-enforceability. The Guarantees are also valid and enforceable under UAE law, as Article 121b does not apply to corporate borrowing or personal guarantees for such borrowing. The Default Judgment against D1 will not be set aside, as D6 cannot satisfy the requirements for relief from sanctions and there is no practical prejudice. The Bank has capacity as a 'victim' to pursue its statutory and...

Court Disposition

Preliminary issues determined in favour of the Bank; application to set aside Default Judgment dismissed; Bank has capacity to pursue claims.

Orders

  • Enforceable Debt Issue answered in favour of the Bank: D1 is liable under the UAE Monetary Judgments and the Guarantees.
  • Set Aside Application by D6 dismissed as a matter of discretion under CPR 13.3.