Amlak Finance Pjsc v (1) Mr Nigel Anthony John Herbert (2) Mrs Deborah Jane Reid [2017] DIFC CFI 041 (04 March 2018)

Amlak Finance Pjsc v (1) Mr Nigel Anthony John Herbert (2) Mrs Deborah Jane Reid [2017] DIFC CFI 041 (04 March 2018)

The Court dismissed the Claimant’s application because there was no proof that the Defendants or the Claimant held valid title to the Property, and thus the Court could not order enforcement or sale under the Final Charging Order.

Citation
[2017] DIFC CFI 041
Parties
Claimant: AMLAK FINANCE PJSC; Defendant: MR NIGEL ANTHONY JOHN HERBERT; Defendant: MRS DEBORAH JANE REID
Jurisdiction
United Arab Emirates
Judgment Date
04 March 2018
Procedural Posture
Part 8 Claim (enforcement of Charging Order) / Judgment After Hearing on Enforcement Application
Outcome
Claim dismissed
Legal Topics
Enforcement of Charging Orders, Title to Property, Default Judgment, Service of Process
Civil Procedure Property Law Enforcement Enforcement of Charging Orders Title to Property Default Judgment Service of Process

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Parties

AMLAK FINANCE PJSC

Claimant

MR NIGEL ANTHONY JOHN HERBERT

Defendant

MRS DEBORAH JANE REID

Defendant

Procedural Posture

Part 8 Claim (enforcement of Charging Order) / Judgment After Hearing on Enforcement Application

Legal Issues

  1. 1 Whether the Claimant can enforce a Final Charging Order over the Defendants’ equitable interest in the Property without proof of title
  2. 2 Whether the Court can order sale of the Property in absence of a valid title deed

Ratio Decidendi

The Court dismissed the Claimant’s application because there was no proof that the Defendants or the Claimant held valid title to the Property, and thus the Court could not order enforcement or sale under the Final Charging Order.

Court Disposition

Claim dismissed

Orders

  • The Part 8 Claim is dismissed.
  • Each party shall bear its own costs.