Oman Insurance Company PSC v Globemed Gulf Healthcare Solutions LLC [2021] DIFC CA 009 (26 December 2021)

Oman Insurance Company PSC v Globemed Gulf Healthcare Solutions LLC [2021] DIFC CA 009 (26 December 2021)

The appeal is allowed because the judge at first instance erred in concluding that OIC's commencement of proceedings in Dubai was unreasonable and solely for delay. There was a reasonable basis for OIC's actions, and the prejudice of denying amendment outweighed any prejudice to GMGHS, especially as the defence had real prospects of success and no trial date was listed. The matter is remitted to the Court of First Instance for OIC to file its application to re-amend its Defence.

Citation
[2021] DIFC CA 009
Parties
Appellant/defendant: Oman Insurance Company PSC; Respondent/claimant: Globemed Gulf Healthcare Solutions LLC
Jurisdiction
United Arab Emirates
Judgment Date
26 December 2021
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Allow Re Amendment of Defence
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Jurisdiction, Nullity of Company, Delay Tactics, Case Management Discretion
Commercial Law Civil Procedure Amendment of Pleadings Jurisdiction Nullity of Company Delay Tactics Case Management Discretion

Case Brief

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Parties

Oman Insurance Company PSC

Appellant/defendant

Globemed Gulf Healthcare Solutions LLC

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Allow Re Amendment of Defence

Legal Issues

  1. 1 Whether the Appellant should be permitted to re-amend its Defence
  2. 2 Whether the Appellant employed delay tactics
  3. 3 Whether the TPA Agreement is null and void under UAE law

Ratio Decidendi

The appeal is allowed because the judge at first instance erred in concluding that OIC's commencement of proceedings in Dubai was unreasonable and solely for delay. There was a reasonable basis for OIC's actions, and the prejudice of denying amendment outweighed any prejudice to GMGHS, especially as the defence had real prospects of success and no trial date was listed. The matter is remitted to the Court of First Instance for OIC to file its application to re-amend its Defence.

Court Disposition

Appeal allowed

Orders

  • Appellant is allowed to re-amend its Defence as filed in the Court of First Instance.
  • Matter remitted to the Court of First Instance for Appellant to file its application to re-amend Defence.