Shiraz Mahmood v Standard Chartered Bank DIFC [2024] DIFC CFI 044 (22 February 2024)

Shiraz Mahmood v Standard Chartered Bank DIFC [2024] DIFC CFI 044 (22 February 2024)

Given the allegations of collusion among the Defendant’s officers and the centrality of credibility, sequestration of the Defendant’s witnesses is necessary to ensure untainted testimony and a fair assessment of credibility.

Source-derived case information.

Citation
[2024] DIFC CFI 044
Parties
Claimant: Shiraz Mahmood; Defendant: Standard Chartered Bank DIFC
Jurisdiction
United Arab Emirates
Judgment Date
22 February 2024
Procedural Posture
Civil / Interlocutory Order
Outcome
Application granted
Legal Topics
Witness Sequestration, Case Management, Discrimination, Credibility of Witnesses
Civil Procedure Witness Sequestration Case Management Discrimination Credibility of Witnesses

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Parties

Shiraz Mahmood

Claimant

Standard Chartered Bank DIFC

Defendant

Procedural Posture

Civil / Interlocutory Order

  1. 1 Whether the Defendant’s witnesses should be sequestered until they have given their oral testimony
  2. 2 Whether the circumstances justify exclusion of Defendant’s witnesses from court prior to their testimony

Ratio Decidendi

Given the allegations of collusion among the Defendant’s officers and the centrality of credibility, sequestration of the Defendant’s witnesses is necessary to ensure untainted testimony and a fair assessment of credibility.

Court Disposition

Application granted

Orders

  • Defendant’s witnesses to be sequestered until completion of their oral testimony.
  • Defendant’s witnesses prohibited from accessing or being informed of other witnesses’ evidence until they have testified.