CFI 26/2009
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
IN THE COURT OF FIRST INSTANCE
Between
Mr Rafed Abdel Mohsen Bader Al Khorafi Mrs Amrah Ali Abdel Latif Al Hamad Mrs Alia Mohamed Sulaiman Al Rifai |
First Claimant Second Claimant Third Claimant |
and Bank Sarasin-Alpen (ME) Limited (BSA) Bank Sarasin & Co Limited (BSC) |
First Defendant Second Defendant |
ORDER
UPON the application of the Claimants by application notice dated 18 March 2010 (received by the Courts on 21 March 2010) filed on behalf of the Claimants.
IT IS ORDERED that:
1. The
Registrar of the
DIFC Courts will forthwith request the
UAE Ministry of Justice to facilitate the service of the Documents (being the Documents listed in 2.1.1-2.1.14 below) upon the Second Defendant, Bank Sarasin & Co Limited of Elisabethenstrasse 62, PO Box CH - 4002, Basel, Switzerland via the diplomatic channel of the UAE Embassy in Switzerland.
2. In order to facilitate this request, the Registrar of the
DIFC Courts shall forthwith send to the UAE Ministry of Justice a covering letter from Eversheds dated 18 March 2010 with Arabic translation which encloses:
2.1.1 DIFC Courts sealed Claim Form (claim number CFI 026/2009) dated 7 October 2009;
2.1.2 Authenticated German translation of DIFC Courts sealed Claim Form claim number CFI 026/2009, dated 7 October 2009;
2.1.3 Particulars of Claim (Claim number CFI 026/2009) dated 10 December 2009;
2.1.4 Authenticated German translation of Particulars of Claim (Claim number CFI 026/2009) dated 10 December 2009;
2.1.5 Case Summary to Particulars dated 10 December 2009 (Claim number CFI 026/2009) as required by Rules
17.47 of the Rules of the DIFC Courts;
2.1.6 Notarised original Arabic translation of Case Summary to Particulars dated 10 December 2009;
2.1.7 Notes for Defendant on replying to the Part 7 claim form;
2.1.8 Authenticated German translation of the Notes for Defendant on replying to the Part 7 Claim Form;
2.1.10 Authenticated German translation of the Acknowledgement of Service;
2.1.11 Forms for Admission of Defence at DIFC Courts;
2.1.12 Authenticated German translations of the Forms for Admission and Defence; and
2.1.13 Letter from Eversheds to the Permanent Mission and General Consulate of the UAE in Switzerland dated 18 March 2010; and
2.1.14 Arabic translation of Letter from Eversheds to the Permanent Mission and General Consulate of the UAE in Switzerland dated 18 March 2010. ("the Documents")
3. The Claimants will be responsible for all expenses incurred by the Registrar, DIFC Courts and foreign judicial authority in serving the Documents and will pay those expenses to the Registrar, DIFC Courts or foreign judicial authority on being informed of the amount.
Justice David Williams
Date of Issue: 25 March 2010
At: 3.30pm