Claim No: CFI 079/2023

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) THAMER ABDULAZIZ ALBULAIHID
(2) MOUSTAFA EL SAYED ABDULGHANI EL SHAFAEI

Claimants

and

(1) NASSER SHEHATA
(2) HEALTH INSIGHTS FZ-LLC
(3) HEALTH INSIGHTS ASIA (L) BHD

Defendants

ORDER WITH REASONS OF H.E. JUSTICE RENE LE MIERE

UPON the First and Third Defendant’s Application No. CFI-079-2023/13 dated 18 February 2026 seeking the Court’s permission to adduce new evidence to the record that was not available to the First and Third Defendant at the time of Trial (the “Application”)

AND UPON the Claimant’s evidence in answer dated 4 March 2026

AND UPON the First and Third Defendants’ evidence in reply dated 9 March 2026

IT IS HEREBY ORDERED THAT:

1. The Application is granted.

2. The Forensic Report issued by the Egyptian Ministry of Justice dated 8 January 2026 and the Certificate issued by the Public Prosecution in Egypt dated 25 January 2026 are admitted to the evidential record.

3. The admission of those documents is limited to their inclusion in the evidential record. No permission is granted to rely upon, or to introduce into evidence, any additional narrative, evaluative commentary, or factual allegations contained in the Fourteenth Witness Statement of Mr Nasser Shehata beyond what is necessary to exhibit the documents and explain their provenance.

4. The costs of the Application shall be costs in the case.

Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 18 March 2026
At: 12pm

The Application

1. The First and Third Defendants have applied for permission to adduce two documents generated after the conclusion of the trial. The documents are:

2. The application is made on the footing that the documents were not available at the time of trial and that they relate to foreign criminal proceedings which were referred to by counsel during cross-examination and in submissions.

3. The Claimants do not oppose the admission of those two documents as part of the evidential record. They do, however, object to the admission or reliance upon further statements or narrative material contained in the Fourteenth Witness Statement of Mr Shehata insofar as that material goes beyond exhibiting the documents or explaining their provenance.

Discussion

4. The Court has power to permit the admission of further evidence after the close of the trial, but that power must be exercised sparingly, bearing in mind considerations of finality, procedural fairness, and the limited purposes for which such evidence may properly be received.

5. In the present case, the two documents are discrete, short, and self-contained. They post-date the trial and were not previously capable of being placed before the Court. Their admission does not require the reopening of the evidence, the receipt of further submissions, or the re-litigation of any issue decided at trial. The Claimants do not contend that they would suffer any prejudice from the inclusion of the documents in the evidential record.

6. In those circumstances, the Court is satisfied that it is appropriate to permit the two documents identified above to be admitted to the evidential record.

7. However, the Court does not permit the expansion of the evidential record beyond the admission of those documents themselves. No permission is granted to rely upon additional narrative, evaluative commentary, or factual allegations contained in the Fourteenth Witness Statement of Mr Shehata, insofar as such material goes beyond exhibiting the documents or explaining their source, authenticity, or translation. The application is not a vehicle for the introduction of further evidence or argument after the close of the trial.

8. The admission of the two documents does not, of itself, require or imply any further findings, nor does it enlarge the scope of the issues determined in these proceedings. The weight to be accorded to the documents, if any, is a matter for the Court.

9. Accordingly, the Court grants permission for the two documents dated 8 January 2026 and 25 January 2026 to be admitted to the evidential record.

Orders

10. The Court will order: