Commercial Bank of Dubai Psc & Ors. v Abdalla Juma Majid al Sari

Commercial Bank of Dubai Psc & Ors. v Abdalla Juma Majid al Sari

Relief from sanctions and extension of time were granted because the breach, while serious, caused no prejudice or disruption, the reasons given provided some excuse, and it would be disproportionate to deprive the Defendants of the opportunity to challenge jurisdiction. Conditions sought by Claimants were not appropriate to attach to the relief.

Parties
Claimant/respondent: Commercial Bank of Dubai PSC; Claimant/respondent: Hortin Holdings Limited; Claimant/respondent: Westdene Investment Limited; Claimant/respondent: Lodge Hill Limited; Claimant/respondent: VS 1897 (Cayman) Limited; Defendant: Mr. Abdalla Juma Majid Al Sari; Defendant: Mr. Majid Abdalla Juma Al Sari; Defendant: Mr. Mohamed Abdalla Juma Al Sari; Defendant: Fal Oil Co LLC; Defendant: Investment Group Private Limited; Defendant: IGPL General Trading LLC; Defendant/applicant: Globe Investment Holdings Limited; Defendant/applicant: MENA Investment Holdings Limited; Defendant/applicant: MAS Capital Holdings Limited
Jurisdiction
England and Wales
Judgment Date
21 October 2022
Procedural Posture
Commercial Court Application / Application for Extension of Time and Relief From Sanctions
Outcome
Extension of time and relief from sanctions granted to Seventh to Ninth Defendants; no conditions attached.
Legal Topics
Relief From Sanctions, Jurisdiction Challenge, Extension of Time, Freezing Orders
Civil Procedure Commercial Law Relief From Sanctions Jurisdiction Challenge Extension of Time Freezing Orders

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Parties

Commercial Bank of Dubai PSC

Claimant/respondent

Hortin Holdings Limited

Claimant/respondent

Westdene Investment Limited

Claimant/respondent

Lodge Hill Limited

Claimant/respondent

VS 1897 (Cayman) Limited

Claimant/respondent

Mr. Abdalla Juma Majid Al Sari

Defendant

Mr. Majid Abdalla Juma Al Sari

Defendant

Mr. Mohamed Abdalla Juma Al Sari

Defendant

Fal Oil Co LLC

Defendant

Investment Group Private Limited

Defendant

IGPL General Trading LLC

Defendant

Globe Investment Holdings Limited

Defendant/applicant

MENA Investment Holdings Limited

Defendant/applicant

MAS Capital Holdings Limited

Defendant/applicant

Procedural Posture

Commercial Court Application / Application for Extension of Time and Relief From Sanctions

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late filing of acknowledgements of service
  2. 2 Whether extension of time should be allowed to challenge jurisdiction
  3. 3 Appropriateness of attaching conditions to relief

Ratio Decidendi

Relief from sanctions and extension of time were granted because the breach, while serious, caused no prejudice or disruption, the reasons given provided some excuse, and it would be disproportionate to deprive the Defendants of the opportunity to challenge jurisdiction. Conditions sought by Claimants were not appropriate to attach to the relief.

Court Disposition

Extension of time and relief from sanctions granted to Seventh to Ninth Defendants; no conditions attached.

Orders

  • Seventh to Ninth Defendants permitted to challenge jurisdiction.
  • Claimants awarded half their costs, summarily assessed at £45,000.