Carmon v Cuenda [2024] DIFC CA 003

Landmark Judgment from the DIFC Court of Appeal

In a significant decision in Carmon v Cuenda [2024], the DIFC Court of Appeal has established its jurisdiction to issue freezing orders in support of pending foreign proceedings, departing from its previous ruling in Sandra Holding v Al Saleh [2023]. This ruling enables parties to prevent the dissipation of assets in Dubai before a judgment is made, enhancing the efficiency of asset protection in foreign litigation.

The court emphasised its statutory powers and the necessity of these orders to prevent its jurisdiction from being undermined. This decision is particularly impactful for practitioners in the DIFC Courts and anyone seeking to safeguard assets in Dubai.

Zoe O’Sullivan KC, instructed by Afridi & Angell, successfully represented Carmon in their appeal. Zoe has authored a full case analysis here.

The full judgment can be found here.