June 03, 2022 court of first instance - Orders
Claim No: CFI 029/2018
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
THE INDUSTRIAL GROUP LTD
Claimant/Counterclaim Defendant
and
ABDELAZIM EL SHIKH EL FADIL HAMID
Defendant/Counterclaim Claimant
ORDER WITH REASONS OF JUSTICE SIR RICHARD FIELD
UPON considering the judgment herein issued on 6 April 2022
AND UPON considering the Defendant’s application for permission to appeal against the decision dismissing his claims for malicious prosecution and abuse of process (the "Tort Claims”)
AND UPON considering the Defendant’s Intended Points of Appeal dated 27 April 2022, Appeal Notice Appeal Notice dated 29 April 2022 and Skeleton Argument dated 18 May 2022
AND UPON considering the Claimant’s submissions dated 31 May 2022 opposing the Defendant’s application for permission to appeal
IT IS HEREBY ORDERED THAT:
1. The Defendant be permitted to appeal the dismissal of the Tort Claims subject to him being debarred from submitting in support of his appeal that Mr Buckley forged Mr Taj’s report.
2. The costs shall be costs in the appeal.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 3 June 2022
At: 1pm
SCHEDULE OF REASONS
1. In my judgment, the Defendant’s grounds of appeal are sufficiently arguable for the grant of permission to pursue them in the Court of Appeal pursuant to RDC 44.8 (1). However, his contention in support of his application that Mr Buckley forged Mr Taj’s report is hopeless and thus the permission hereby granted is on terms that he is debarred from relying on this contention in his appeal.
2. I am also of the view that the importance of having the issues raised in the appeal decided authoritatively by the Court of Appeal is a compelling reason for the grant of permission under RDC 44.8 (2). The Defendant did not rely on this provision in making his application but nonetheless I think it right that I should grant permission under both limbs of RDC 44.8.
