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Area of Law: Rupert Reed KC
Rupert Reed KC and Gregor Hogan acted for the successful respondent in the landmark DIFC Court of Appeal judgment in Nael v Niamh [2024] CIFC CA 015 (9 January 2025).
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Permission to appeal was granted in China State Construction Engineering Corporation (Middle East) (L.L.C.) v Zaya Living Real Estate Development L.L.C and others [2023] DIFC ENF 316 (10 July 2024) this month, leaving the Court of Appeal of the Dubai International Financial Centre (“DIFC”) to decide who can be forced to answer questions about a company’s means of satisfying an unpaid judgment debt. The appeal relates to the scope of RDC 50.2(2), which states that the court may require an “officer” of a corporate body to attend court to answer questions about its means or other matters about which information is needed to enforce a judgment or order against a corporate judgment debtor. The appeal is therefore expected to have implications for the interpretation of the identical English provision of CPR 71.2(b). The DIFC Court of Appeal will review the decision of the DIFC Court of First Instance that a partner in a UAE-incorporated LLC holding 99% of its share capital – who has also held herself out as its ‘CEO’ – was not an “officer” under RDC 50.2(2). The appeal will therefore determine the meaning of “officer” in that RDC 50.2(2), joining a line of authorities on its English equivalents including Société Générale du Commerce et De L’Industrie en France v Johann Maria Farina & Co[1904] 1 KB 794 and Vitol SA v Capri Marine Ltd [2009] Bus. L.R. 271 (QBD). Creditors seeking to enforce judgments against companies will no doubt be hoping that the result of this appeal, expected to be heard later this year, improves their overall chances. Rupert Reed KC and Max Marenbon represented China State in its application for permission to appeal in the DIFC Court of Appeal, instructed by Daniel Xu, Gillian Flannighan and Hala Haddad of Eversheds Sutherland (International) LLP.
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Judgment has been handed down by Mr Justice Adam Johnson after a trial over three weeks this summer in the Chancery Division of the High Court. The Foundation’s claims had been struck out in 2018, but then restored by the High Court in [2019] EWHC 274 (Ch) in a ruling upheld by the Court of Appeal in [2020] EWCA Civ 32; [2020] 1 WLR 1627; [2020] 2 All ER 965.
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In Cesfin Ventures LLC v Ghaith Al Qubaisi, Rupert Reed KC and Gregor Hogan obtained a worldwide freezing order in the Chancery Division against a director and shareholder of a UAE conglomerate in support of New York proceedings against him as “alter ego” of the UAE holding company, alternatively in setting aside fraudulent transfer to himself and others of company assets to frustrate enforcement of the award rendered in an ICC arbitration seated in New York.
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In Credit Europe Bank (Dubai) Ltd v. (1) NMC Trading LLC (2) NMC Healthcare LLC (3) Bavaguthu Raghuram Shetty [2020] DIFC CFI 031, Rupert Reed KC and Gregor Hogan acted for the major Dutch Bank, CEBD, to obtaining a worldwide freezing order against Dr BR Shetty, founder of the troubled NMC Group. The decision also confirmed that an applicant need not demonstrate any assets of the respondent in the jurisdiction of the DIFC to obtain a worldwide freezing order. Rupert and Gregor represented CEBD at the trial of its claim against Dr Shetty in September 2021.
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Rupert Reed KC and Gregor Hogan acted for the Sarjah Elecricity and Water Authority in FAL Oil Company Ltd v Sarjah Electricity and Water Authority. The case involved the challenging of the recognition and enforcement in the DIFC of a Sarjah court judgment on the basis of inter-Emirate immunity. This is the first time the DIFC Court considered the concepts of sovereign immunity within the UAE.
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In Brown & Company Plc v Faber Capital (DIFC) Ltd, Rupert Reed QC, and Gregor Hogan continue to act for a financial services firm defending allegations of breach of fiduciary duty arising from a sophisticated phishing attack.
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Rupert Reed KC and James Weale acted for the Claimant bank in a US$30m fraud claim against various defendants in proceedings in the DIFC in SBM Bank (Mauritius) Ltd v Renish Petroleum FZE (CFI 054/2018). Having successfully obtained summary judgment against the first two defendants, the trial against the third defendant has been listed in December 2021. A committal application against the first two defendants took place in January 2021. Please click here to view the judgment.
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In L v B [2020] DIFC ARB 014 (17 June 2020), Rupert Reed QC and Gregor Hogan obtained an order for the recognition of a London arbitration award, a worldwide freezing order and the first notification order made by the DIFC Court against a UAE resident entrepreneur.
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