DIFC Court of Appeal grants permission to appeal on the basis that the decision in Sandra Holding is arguably wrong
In the ongoing proceedings in Carmon Reesttrutura-Engenharia v Cuenda, the DIFC Court of Appeal has granted permission to appeal on the grounds that Sandra Holding v Al Saleh [2023] DIFC CA 003 (6 September 2023) was arguably wrongly decided. In Sandra Holding, the Court of Appeal held that the DIFC Court does not have jurisdiction to make freezing orders in support of proceedings which are pending in a foreign court.
The "Part 8" grounds referred to in Justice Gross's reasons are that Sandra Holding was (1) decided per incuriam and (2) wrong. This suggests that the DIFC Court of Appeal is willing to revisit the decision in Sandra Holding.
Please click here to view the Court of Appeal decision.
Zoe O’Sullivan KC, instructed by Afridi and Angell, acts for Carmon.
