April 27, 2023 Court of Appeal - Judgments
Claim No: CA 001/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai
IN THE COURT OF APPEAL
BEFORE: H.E. JUSTICE SHAMLAN AL SAWALEHI, JUSTICE LORD ANGUS GLENNIE, JUSTICE ROBERT FRENCH
BETWEEN
AL BUHAIRA NATIONAL INSURANCE COMPANY
Claimant/Appellant
and
HORIZON ENERGY LLC
Defendant/Respondent
| Hearing : | 13 April 2023 |
|---|---|
| Counsel : |
Mr Nicolas Craig KC instructed by Clyde & Co for the Claimant/Appellant Ms Zoe O’Sullivan with Mr Gregory Hogan instructed by Holman Fenwick Willian Middle East LLP for the Defendant/Respondent |
| Judgment : | 27 April 2023 |
JUDGMENT OF THE COURT OF APPEAL
UPON the Claimant’s Application No. CFI-098-2021/3 dated 29 August 2022 seeking an anti-suit injunction order (the “Anti-Suit Injunction Application”)
AND UPON the Order of H.E. Deputy Chief Justice Ali Al Madhani dated 9 November 2022 refusing the Anti-Suit Injunction Application (the “Order”)
AND UPON the Claimant’s application dated 18 November 2022 seeking permission to appeal the Order (the “PTA”)
AND UPON the Claimant’s Application No. CFI-098-2021/6 dated 24 November 2022 seeking an interim anti-suit injunction (the “Interim Anti-Suit Injunction Application”)
AND UPON the Order of H.E. Deputy Chief Justice Ali Al Madhani dated 19 January 2023 granting the PTA and the Interim Anti-Suit Injunction Application
AND UPON hearing counsel for the Appellant and counsel for the Respondent at the appeal hearing listed on 13 April 2023
IT IS HEREBY ORDERED THAT:
1. The Appeal is dismissed.
2. The Interim Anti-Suit Injunction is discharged.
3. The Appellant shall pay the Respondent’s costs of the Appeal, to be assessed by the Registrar if not agreed.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 27 April 2023
At: 12pm
SCHEDULE OF REASONS
1. The Court of Appeal was not satisfied that the Appellant had demonstrated appealable error in the reasoning of the Judge whether as a matter of discretion or evaluation.
