Claim No: CFI-014-2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
(1) MR RAFED ABDEL MOHSEN BADER AL KHORAFI
(2) MRS AMRAH ALI ABDEL LATIF AL HAMAD
(3) MRS ALIA MOHAMED SULAIMAN AL RIFAI
(1) BANK SARASIN ALPEN (ME) LIMITED (IN LIQUIDATION)
(2) BANK J SAFRA SARASIN (FORMERLY BANK SARASIN & CO)
ORDER WITH REASONS OF JUSTICE SIR DAVID STEEL
UPON the Second Defendant having applied for strike out and/or summary judgment by Application Notice dated 1 June 2017 and that Application having been disposed of by the Court’s Order dated 18 April 2018
AND UPON the Second Defendant having applied for permission to appeal and for a stay pending appeal by Application Notice dated 9 May 2018
AND UPON hearing counsel for the Claimants and the Second Defendant at a hearing on 3 July 2018
AND UPON reading further submissions from the parties as to directions
IT IS ORDERED THAT:
1. The Second Defendant’s Application for permission to appeal is granted.
2. The Second Defendant’s Application for a stay pending the appeal is refused.
3. As regards directions:
a. The Claimants shall, if so advised, file and serve a Reply and Defence to Counterclaim by 13 September 2018.
b. The Second Defendant shall, if so advised, file an application for a stay of the proceedings on grounds of forum non conveniens by 13 September 2018 failing which a CMC shall be fixed on the first available date after 27 September 2018.
c. If such an application for a stay of the proceedings on grounds of forum non conveniens is filed by the Second Defendant:
i. The Claimants shall file evidence in answer by 11 October 2018.
ii. The Second Defendant shall file any evidence in reply by 25 October 2018.
iii. The hearing of any such application shall be fixed on the first available date after 1 November 2018.
Ayesha Bin Kalban
Date of Issue: 9 August 2018
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.
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.