William Allan Jones (2) Coffee Planet LLC (3) Coffee Planet Roastery FZE v Robert Anthony Jones [2022] DIFC CFI 043 (29 June 2022)

William Allan Jones (2) Coffee Planet LLC (3) Coffee Planet Roastery FZE v Robert Anthony Jones [2022] DIFC CFI 043 (29 June 2022)

There is an arguable case that the DIFC Court has jurisdiction and power to grant a freezing order in aid of enforcement of onshore Dubai Court judgments. The applicants have demonstrated a non-trivial risk of asset dissipation by the respondent. However, the scope of the WFO must be limited to specific assets and a capped monetary value, and the order is interim pending a return date for further argument.

Citation
[2022] DIFC CFI 043
Parties
Applicant/claimant: William Allan Jones; Applicant/claimant: Coffee Planet LLC; Applicant/claimant: Coffee Planet Roastery FZE; Respondent/defendant: Robert Anthony Jones
Jurisdiction
United Arab Emirates
Judgment Date
29 June 2022
Procedural Posture
Application for Worldwide Freezing Order (wfo) and Related Disclosure Orders / Interim Order Granted Ex Parte, Pending Return Date for Further Hearing
Outcome
Interim worldwide freezing order granted with limitations, pending further hearing on return date.
Legal Topics
Worldwide Freezing Order, Interim Injunction, Jurisdiction of DIFC Courts, Enforcement of Foreign Judgments, Asset Dissipation, Disclosure Orders
Civil Procedure Injunctions Asset Freezing Enforcement of Judgments Worldwide Freezing Order Interim Injunction Jurisdiction of DIFC Courts Enforcement of Foreign Judgments +2 more

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Parties

William Allan Jones

Applicant/claimant

Coffee Planet LLC

Applicant/claimant

Coffee Planet Roastery FZE

Applicant/claimant

Robert Anthony Jones

Respondent/defendant

Procedural Posture

Application for Worldwide Freezing Order (wfo) and Related Disclosure Orders / Interim Order Granted Ex Parte, Pending Return Date for Further Hearing

Legal Issues

  1. 1 Whether the DIFC Court has jurisdiction and power to grant a freezing order in aid of enforcement of judgments from onshore Dubai Courts
  2. 2 Whether the applicants have established a risk of dissipation of assets by the respondent
  3. 3 Whether the scope and quantum of the freezing order sought is appropriate

Ratio Decidendi

There is an arguable case that the DIFC Court has jurisdiction and power to grant a freezing order in aid of enforcement of onshore Dubai Court judgments. The applicants have demonstrated a non-trivial risk of asset dissipation by the respondent. However, the scope of the WFO must be limited to specific assets and a capped monetary value, and the order is interim pending a return date for further argument.

Court Disposition

Interim worldwide freezing order granted with limitations, pending further hearing on return date.

Orders

  • Respondent restrained from disposing of, dealing with, or diminishing the value of specified assets (real property, vehicles, shares, and up to AED 3,000,000 in funds) until return date or further order.
  • Respondent required to provide information and swear affidavit regarding assets above specified thresholds.