Shahraab Ahmad v Karim Ouajjou & Anor

Shahraab Ahmad v Karim Ouajjou & Anor

The Court found a material change in circumstances due to the unavailability of Spanish proceeds and the imminent sale of the Dubai property, justifying extension of time for compliance with the Unless Order and variation of the Worldwide Freezing Orders, subject to safeguards including independent valuations, disclosure of purchaser, and proceeds held in UK account under undertaking.

Parties
Claimant: Shahraab Ahmad; First Defendant: Karim Ouajjou; Second Defendant: Yasmin Al Sahoud Perez
Jurisdiction
England and Wales
Judgment Date
21 October 2024
Procedural Posture
Commercial Court Application / Ruling on Defendants' Application to Extend Time for Compliance and Vary Worldwide Freezing Orders
Outcome
Application granted in part
Legal Topics
Relief From Sanctions, Worldwide Freezing Orders, Extension of Time, Costs Orders, Asset Dissipation, Fraud Claims
Civil Procedure Commercial Law Relief From Sanctions Worldwide Freezing Orders Extension of Time Costs Orders Asset Dissipation Fraud Claims

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Parties

Shahraab Ahmad

Claimant

Karim Ouajjou

First Defendant

Yasmin Al Sahoud Perez

Second Defendant

Procedural Posture

Commercial Court Application / Ruling on Defendants' Application to Extend Time for Compliance and 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
  3. 3 Whether there has been a material change in circumstances since the original order

Ratio Decidendi

The Court found a material change in circumstances due to the unavailability of Spanish proceeds and the imminent sale of the Dubai property, justifying extension of time for compliance with the Unless Order and variation of the Worldwide Freezing Orders, subject to safeguards including independent valuations, disclosure of purchaser, and proceeds held in UK account under undertaking.

Court Disposition

Application granted in part

Orders

  • Time for compliance with paragraph 1 of the Unless Order extended to 16 November 2024
  • Worldwide Freezing Orders varied to permit sale of Dubai property subject to safeguards: two independent valuations, disclosure of purchaser, proceeds to be paid into UK account and held under undertaking