Emirates NBD Bank PJSC v Almakhawi & Anor [2021] EWHC 3051 (Comm) (28 October 2021)

Emirates NBD Bank PJSC v Almakhawi & Anor [2021] EWHC 3051 (Comm) (28 October 2021)

There is a good arguable case for enforcement of the foreign judgment and a real risk of dissipation of assets by the defendants, justifying the grant of a freezing injunction despite the delay.

Source-derived case information.

Citation
[2021] EWHC 3051 (Comm)
Parties
Claimant: Emirates NBD Bank PJSC; Defendant: Rashed Abdulaziz Almakhawi; Defendant: Absulaziz Rashed AbdulazizMohammed Almakhawi
Jurisdiction
England and Wales
Judgment Date
28 October 2021
Procedural Posture
Commercial Court Proceedings / Application for Freezing Injunction
Outcome
Freezing injunction granted, subject to minor points on the order and service.
Legal Topics
Freezing Injunction, Risk of Dissipation, Recognition and Enforcement of Foreign Judgments, Transfer at Undervalue
Commercial Law Enforcement of Foreign Judgments Freezing Injunction Risk of Dissipation Recognition and Enforcement of Foreign Judgments Transfer at Undervalue

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Parties

Emirates NBD Bank PJSC

Claimant

Rashed Abdulaziz Almakhawi

Defendant

Absulaziz Rashed AbdulazizMohammed Almakhawi

Defendant

Procedural Posture

Commercial Court Proceedings / Application for Freezing Injunction

Legal Issues

  1. 1 Whether to grant a freezing injunction against the defendants' assets
  2. 2 Whether there is a real risk of dissipation of assets
  3. 3 Whether delay in seeking relief is fatal to the application

Ratio Decidendi

There is a good arguable case for enforcement of the foreign judgment and a real risk of dissipation of assets by the defendants, justifying the grant of a freezing injunction despite the delay.

Court Disposition

Freezing injunction granted, subject to minor points on the order and service.

Orders

  • Freezing injunction made against the defendants' assets.