Lara Basem Musa Khoury v Mashreq Bank PSC [2022] DIFC CFI 046 (07 July 2022)

Lara Basem Musa Khoury v Mashreq Bank PSC [2022] DIFC CFI 046 (07 July 2022)

Permission to appeal is granted because the interpretation of RDC rules and the jurisdiction clause raises issues that require determination by the Court of Appeal.

Source-derived case information.

Citation
[2022] DIFC CFI 046
Parties
Claimant/appellant: Lara Basem Musa Khoury; Defendant/respondent: Mashreq Bank PSC
Jurisdiction
United Arab Emirates
Judgment Date
07 July 2022
Procedural Posture
Permission Application (appeal) / Order Granting Permission to Appeal
Outcome
Second Permission Application granted; permission to appeal granted on all grounds.
Legal Topics
Interpretation of Court Rules, Opt in Jurisdiction Agreements
Civil Procedure Jurisdiction Interpretation of Court Rules Opt in Jurisdiction Agreements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lara Basem Musa Khoury

Claimant/appellant

Mashreq Bank PSC

Defendant/respondent

Procedural Posture

Permission Application (appeal) / Order Granting Permission to Appeal

Legal Issues

  1. 1 Interpretation of Rules 7.20, 7.21-7.25 of the Rules of the DIFC Courts
  2. 2 Whether service of claim form was out of time under RDC r.7.20(a)
  3. 3 Whether parties opted-in to DIFC Courts jurisdiction under Article 5 of the Judicial Authority Law

Ratio Decidendi

Permission to appeal is granted because the interpretation of RDC rules and the jurisdiction clause raises issues that require determination by the Court of Appeal.

Court Disposition

Second Permission Application granted; permission to appeal granted on all grounds.

Orders

  • The Second Permission Application is granted.
  • Costs of the Second Permission Application are costs in the appeal.