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CFI-036-2014 Vannin Capital PCC PLC for and on behalf of protected cell – Project Ramsey v (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Alia Mohamed Sulaiman Al Rifai (4) KBH Kaanuun Limited (5) Bank Sarasin-Alpen (ME) Limited (6) Bank J. Safra Sarasin Ltd (Formerly Bank Sarasin & Co. Limited)

CFI-036-2014 Vannin Capital PCC PLC for and on behalf of protected cell – Project Ramsey v (1) Mr Rafed Abdel Mohsen Bader Al Khorafi (2) Mrs Amrah Ali Abdel Latif Al Hamad (3) Mrs Alia Mohamed Sulaiman Al Rifai (4) KBH Kaanuun Limited (5) Bank Sarasin-Alpen (ME) Limited (6) Bank J. Safra Sarasin Ltd (Formerly Bank Sarasin & Co. Limited)

November 10, 2014

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Claim No: CFI-036-2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BEFORE H.E. JUSTICE OMAR AL MUHAIRI

BETWEEN

VANNIN CAPITAL PCC PLC

for and on behalf of protected cell – Project Ramsey

                                                                                                     Claimant

and

(1)  MR RAFED ABDEL MOHSEN BADER AL KHORAFI

(2)  MRS AMRAH ALI ABDEL LATIF AL HAMAD

(3)  MRS ALIA MOHAMED SULAIMAN AL RIFAI

(4)  KBH KAANUUN LIMITED

(5)  BANK SARASIN-ALPEN (ME) LIMITED

(6)  BANK J. SAFRA SARASIN LTD (FORMERLY BANK SARASIN & CO LIMITED)

Defendants

  


 ORDER OF H.E. JUSTICE OMAR AL MUHAIRI


 

UPON reviewing the Claimant’s Application Notice by way of Part 8 Claim Form dated 3 November 2014 seeking interim payment of monies into Court (“the Claimant’s Application”);

AND UPON reviewing the First, Second and Third Defendants’ Application Notice CFI-026-2014/1 dated 5 November 2014 seeking an order that the DIFC Courts do not have jurisdiction and that the matter be stayed (“the Defendants’ Application”);

AND UPON reading the relevant material in the case file;

AND UPON hearing counsel for the Clamant, counsel for the First, Second and Third Defendants and counsel for the Fourth Defendant on 6 November 2014;

 IT IS HEREBY ORDERED THAT:

A. The Claimant’s Application

  1. Time for service of the Application is abridged to be heard on 6 November 2014.
  2. The Claimant’s application be heard in private.
  3. Pursuant to RDC 25.1(12) the adjudged sums of US$ 10,445,049 and US$ 1,000,000 together with any interest thereon awarded to the First, Second and Third Defendants (as the Claimants in CFI 026/2009) as compensation and as an interim payment of costs, respectively, as ordered to be paid by the Fifth and Sixth Defendants jointly and severally (as the Defendants in CFI 026/2009) by the Order of Deputy Chief Justice Sir John Chadwick dated 28 October 2014 shall be paid into Court by the Fifth and Sixth Defendants by not later than 4pm on Tuesday 11 November 2014.
  4. The monies or any part thereof paid into Court pursuant to paragraph 3 above shall be held until further Order of the Court as to whom and in what amount payments shall be made, such an order to be in the form of an order made by consent of the Claimant and theFirst, Second, Third and Fourth Defendants (as parties to an Amended Restated Litigation Funding Agreement dated 21 April 2013) and/or (insofar as relates to the respective entitlements of the Claimant and the First, Second, Third and Fourth Defendants) pursuant to an order of any competent court and/or an arbitration award.

B. The Defendants’ Application

5. The First, Second and Third Defendants shall file and serve any further evidence and submissions with regard to the Defendants’ Application within 7 days from 6 November 2014, and in any event by no later than 4pm on Thursday 13 November 2014.

6. The Claimant and Fourth Defendant shall file and serve any evidence and submissions in reply to the Defendant’s Application within 7 days from the submissions of evidence in paragraph 5 above, and in any event by no later than 4pm on Thursday 20 November 2014.

7. The Application will be dealt with on paper.

C. Costs

8. The Claimant and the First, Second, Third and Fourth Defendants shall file and serve cost statements within 14 days from the submission of evidence in paragraph 6 above.

9. Liberty to apply.

 

 

 

Issued by:

Mark Beer

Registrar

Date of issue: 10 November 2014

At: 9am

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