Back to Insights listing

Commercial disputes, Banking and financial services, Civil fraud and asset recovery, International / offshoreTuesday 20 December 2022

No obstacles to enforcement of an English costs order in the UAE

In a recently published judgment in Invest Bank v El-Husseini and Others [2022] EWHC 3008 (Comm), Mr Justice Bryan dismissed applications for security for costs by four defendants against the Claimant, a bank based in the UAE. The defendants contended that security should be ordered in circumstances where there was a real risk that an English costs order would not be enforceable in the UAE, either onshore or offshore (in the DIFC). In dismissing the application, the Judge rejected the extensive expert evidence on UAE law submitted by the defendants to the effect that there was a real risk enforcement could be refused because of absence of reciprocity of enforcement between the UAE and England, and/or because enforcement of a costs order would be contrary to the public policy of the UAE.

In rejecting that evidence, the Judge held that it is clear that there is reciprocity of enforcement of judgments between the English court and the UAE courts, and that enforcement of a costs order is not contrary to the public policy of the UAE. The Judge also found that “a straightforward route” to enforcement of an English costs would be to enforce the judgment in the DIFC and then to enforce the resulting DIFC judgment in the UAE.

Alan Gourgey KC (leading Marc Delehanty of Littleton Chambers) acted for the Claimant bank, together with PCB Byrne’s team led by Trevor Mascarenhas.

A copy of the judgment is available to read here.

Image Coming Soon

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Recent Cases

    Commercial Court judgment handed down in Gordiy v Dorofejeva & another

    Commercial disputes, Civil fraud and asset recovery, Company law

    Tim Matthewson
    Wednesday 29 May 2024

    View more
  2. Placeholder

    Recent Cases

    Judgment handed down Cowan v Equis Special LP and others

    International / offshore, Civil fraud and asset recovery

    Thomas Grant KC
    Thursday 23 May 2024

    View more
  3. Placeholder

    Events / Webinars

    Wilberforce Commercial Litigation Conference 2024

    Wednesday 2nd October 2024 | 12.15pm - 6pm, followed by drinks and canapés
    The Langham, London

    Price of attendance TBC

    View more
  4. Placeholder

    News

    Wilberforce shortlisted for Chambers of the Year at The Lawyer Awards 2024

    We are delighted to announce that Wilberforce Chambers has been shortlisted at this year’s The Lawyer Awards for Chambers of the Year! Winners will be announced on Tuesday 18th June at London’s JW Marriott Grosvenor House Hotel. We are incredibly... Read more

    Friday 12 April 2024

    View more

View all thought leadership