Skip to Content

CFI 004/2014 MS. SONIA GUETAT v MIRABAUD (MIDDLE EAST) LIMITED

CFI 004/2014 MS. SONIA GUETAT v MIRABAUD (MIDDLE EAST) LIMITED

August 7, 2014

image_pdfimage_print

Claim No. CFI 004/2014

 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE DIFC COURTS OF FIRST INSTANCE

 

BEFORE H.E.  JUSTICE ALI AL MADHANI

BETWEEN

MS. SONIA GUETAT

 

Claimant

and

MIRABAUD (MIDDLE EAST) LIMITED 

  

Defendant


ORDER MADE BY H.E. JUSTICE ALI AL MADHANI


 

 

UPON receiving both applications (Defendant’s Application No. CFI 004/2014/2 to strike out the claim and the Claimant’s Application No. CFI 004/2014/3 to extend the time in which to serve the Claim Form)

 

AND UPON hearing both applications on 6 August 2014

 

AND PURSUANT to the Rules of the DIFC Courts (RDC) 1.6, 4.49, 7.23 and 38.83 and Practice Direction No. 4 of 2014 DIFC Courts’ Wasted Costs Orders

 

AND UPON considering the case background and circumstances, in particular;

 

a) The Claimant’s attempts to serve the Claim form on 20 February and 24 June 2014

b) The nature of the case

c) The Claimant’s legal representative’s conduct in the case generally and in this application hearing particularly

d) The Defendant’s right to apply to strike out the Claim

 

ACCORDINGLY IT IS HEREBY ORDERED THAT:

 

  1. Unless the Claimant serves the Claim Form in the proper procedural method within 10 days of this Order, the Claimant’s Claim shall be struck out.
  2. The Claimant’s legal representative to file written submissions before this Court as to  why they should not be held liable for the costs of both applications as Wasted Costs, occasioned as a result of their conduct by no later than 4 pm on 5 September 2014
  3. The Court to consider and determine the Claimant’s legal representative’s submissions in deciding whether to make a Wasted Costs Order on the grounds cited above.
  4. The Claimant is at liberty to apply to amend the Claim form at their own cost.

 

Issued by:

Maha AlMehairi

Judicial Officer

Date of issue: 7 August 2014

Time: 4pm

X

Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.
X

Disclaimer

The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.