Emirates NBD Bank P.J.S.C. v Almakhawi and Ors [2023] JRC 053 (27 February 2023)

Emirates NBD Bank P.J.S.C. v Almakhawi and Ors [2023] JRC 053 (27 February 2023)

First Defendant's repeated and unexplained failure to comply with discovery obligations is both serious and significant, justifying an unless order with four weeks for compliance; if not complied with, Answer will be struck out and judgment entered for Plaintiff.

Citation
[2023] JRC 053
Parties
Plaintiff: Plaintiff; First Defendant: Mr Almakhawi; Trustee of Violet Trust: Second Defendant; Trustee of Redington Trust: Third Defendant; Underlying Company of Violet Trust: Fourth Defendant; Underlying Company of Redington Trust: Fifth Defendant
Jurisdiction
Jersey
Judgment Date
27 February 2023
Procedural Posture
Civil / Interlocutory Application for Unless Order
Outcome
Unless order granted against First Defendant.
Legal Topics
Unless Orders, Discovery, Striking Out Pleadings, Asset Transfers, Enforcement of Dubai Judgment
Civil Procedure Trusts Enforcement of Foreign Judgments Unless Orders Discovery Striking Out Pleadings Asset Transfers Enforcement of Dubai Judgment

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Parties

Plaintiff

Plaintiff

Mr Almakhawi

First Defendant

Second Defendant

Trustee of Violet Trust

Third Defendant

Trustee of Redington Trust

Fourth Defendant

Underlying Company of Violet Trust

Fifth Defendant

Underlying Company of Redington Trust

Procedural Posture

Civil / Interlocutory Application for Unless Order

Legal Issues

  1. 1 Whether unless order should be granted against First Defendant for failure to provide discovery
  2. 2 Appropriate sanction for non-compliance with discovery order
  3. 3 Impact of parallel proceedings and discovery in England

Ratio Decidendi

First Defendant's repeated and unexplained failure to comply with discovery obligations is both serious and significant, justifying an unless order with four weeks for compliance; if not complied with, Answer will be struck out and judgment entered for Plaintiff.

Court Disposition

Unless order granted against First Defendant.

Orders

  • First Defendant must provide list of documents verified by affidavit within four weeks.
  • If First Defendant fails to comply, his Answer will be struck out and judgment entered for Plaintiff.