Barclays Bank PLC v (1) His Excellency Hamad Suhail. O. Al Khaili (2) Mr Ibrahim Daoud Jaffal [2021] DIFC CA 003 (03 February 2021)
The DIFC Court has exclusive jurisdiction over the dispute pursuant to the relevant provisions of Dubai Law No. 12 of 2004 (JAL), and the appeal is allowed.
Source-derived case information.
- Citation
- [2021] DIFC CA 003
- Parties
- Claimant/appellant: Barclays Bank PLC; Defendant/respondent: HIS EXCELLENCY HAMAD SUHAIL. O. AL KHAILI; Defendant/respondent: MR IBRAHIM DAOUD JAFFAL
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 03 February 2021
- Procedural Posture
- Appeal / Judgment on Appeal Against Order Granting Jurisdiction
- Outcome
- Appeal allowed
- Legal Topics
- Exclusive Jurisdiction, DIFC Courts, Appeal Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barclays Bank PLC
Claimant/appellant
HIS EXCELLENCY HAMAD SUHAIL. O. AL KHAILI
Defendant/respondent
MR IBRAHIM DAOUD JAFFAL
Defendant/respondent
Procedural Posture
Appeal / Judgment on Appeal Against Order Granting Jurisdiction
Legal Issues
- 1 Whether the DIFC Court has exclusive jurisdiction over the dispute
- 2 Whether the order of H.E. Justice Ali Al Madhani should be overturned
Ratio Decidendi
The DIFC Court has exclusive jurisdiction over the dispute pursuant to the relevant provisions of Dubai Law No. 12 of 2004 (JAL), and the appeal is allowed.
Court Disposition
Appeal allowed
Orders
- The Appeal is allowed.
- The DIFC Court has exclusive jurisdiction over the dispute referred to the DIFC Courts pursuant to Article 5(A)(1)(a), Article 5(A)(1)(b) and Article 5(A)(2) of Dubai Law No. 12 of 2004.
Full Case Text
Judgment text and source record
1 paragraphs
In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai IN THE COURT OF APPEAL BEFORE CHIEF JUSTICE ZAKI AZMI, JUSTICE SIR JEREMY COOKE AND JUSTICE WAYNE MARTIN BETWEEN BARCLAYS BANK PLC Claimant/Appellant and (1) HIS EXCELLENCY HAMAD SUHAIL. O. AL KHAILI (2) MR IBRAHIM DAOUD JAFFAL Defendants/Respondents JUDGMENT Hearing : 1 February 2021 Judgment : Mr Adrian de Froment instructed by Eversheds Sutherland International LLP for the Appellant. Mr Michael Patchett-Joyce instructed by Khalifa Bin Huwaidan Al Ketbi Advocates and Legal Consultant for the Respondents Judgment : 3 February 2021 ORDER UPON the Appellant’s Appeal Notice filed on 21 December 2020 seeking permission to Appeal against the Order of H. E Justice Ali Al Madhani issued on 30 November 2020 (the “Appeal” ) AND UPON reviewing the Respondent’s submissions in opposition filed on 3 January 2021 AND UPON the Order of H. E Justice Ali Al Madhani issued on 18 January 2021 granting permission to appeal (the defined terms of which have been adopted herein) AND UPON hearing counsel for the Appellant and counsel for the Respondents at the hearing on 1 February 2021 (the “Hearing” ) AND UPON reading the submissions and evidence filed and recorded in the Court file AND UPON this Order being handed down ex tempore at the Hearing IT IS HEREBY ORDERED THAT: 1. The Appeal is allowed. 2. The DIFC Court has exclusive jurisdiction over the Dispute Referred to the DIFC Courts pursuant to Article 5(A)(1)(a), Article 5(A)(1)(b) and Article 5(A)(2) of Dubai Law No. 12 of 2004, being the Judicial Authority at Dubai International Financial Centre, as amended (the “JAL” ). 3. The DIFC Court has exclusive jurisdiction over the Dispute Referred to the Abu Dhabi Courts pursuant to Article 5(A)(1)(a), Article 5(A)(1)(b) and Article 5(A)(2) of the JAL. 4. The Respondent is to pay the Appellant’s costs of the appeal and of the application in the court below, such costs to be the subject of assessment if not agreed. 5. Reasons to follow. Issued by: Nour Hineidi Registrar Date of Issue: 3 February 2021 Time: 3pm BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII