Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 086 (12 April 2024)

Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 086 (12 April 2024)

Given the First Defendant's central role as the only live witness and the unchallenged medical evidence of his incapacity, fairness and justice require an adjournment despite the Plaintiff's objections. The prejudice to the First Defendant from proceeding outweighs any prejudice to the Plaintiff or other parties.

Citation
[2024] JRC 086
Parties
Plaintiff: [Plaintiff Bank]; First Defendant: Rashad Almakhawi (RAM); Second Defendant: Second Defendant (Jersey company); Third Defendant: Third Defendant (Jersey company); Fourth Defendant: Fourth Defendant (Jersey company); Fifth Defendant: Fifth Defendant (Jersey company)
Jurisdiction
Jersey
Judgment Date
12 April 2024
Procedural Posture
Civil / Interlocutory Application for Adjournment Prior to Substantive Hearing
Outcome
Application for adjournment granted
Legal Topics
Adjournment of Trial, Pauline Action, Creditor Protection, Medical Evidence in Litigation
Civil Procedure Insolvency Fraud Adjournment of Trial Pauline Action Creditor Protection Medical Evidence in Litigation

Case Brief

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Parties

[Plaintiff Bank]

Plaintiff

Rashad Almakhawi (RAM)

First Defendant

Second Defendant (Jersey company)

Second Defendant

Third Defendant (Jersey company)

Third Defendant

Fourth Defendant (Jersey company)

Fourth Defendant

Fifth Defendant (Jersey company)

Fifth Defendant

Procedural Posture

Civil / Interlocutory Application for Adjournment Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the trial should be adjourned due to the First Defendant's medical incapacity
  2. 2 Whether the medical evidence provided justifies an adjournment
  3. 3 Balancing fairness to the parties in the context of a key witness's absence

Ratio Decidendi

Given the First Defendant's central role as the only live witness and the unchallenged medical evidence of his incapacity, fairness and justice require an adjournment despite the Plaintiff's objections. The prejudice to the First Defendant from proceeding outweighs any prejudice to the Plaintiff or other parties.

Court Disposition

Application for adjournment granted

Orders

  • Trial adjourned to a future date
  • First Defendant to pay costs thrown away by other parties regarding the adjournment application and any costs of re-preparation for trial when it resumes