March 15, 2024 court of first instance - Orders
Claim No. CFI 090/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
THE REGISTRAR OF THE DIFC COURTS
Claimant
and
(1) SHAUN GREGORY MORGAN
(2) FRANKLIN MORGAN LEGAL ADVISORY LLC
Defendants
ORDER OF JUSTICE WAYNE MARTIN
UPON the Claimant filing its Part 8 Claim dated 7 December 2023
AND UPON the Witness Statements of the First Defendant and Mr Obaid Bin Touq Al Marri dated 15 December 2023
AND UPON the Second Witness Statement of the First Defendant dated 28 December 2023
AND UPON the Second Defendant’s Application Notice CFI-090-2023/2 dated 31 January 2024 seeking the permanent removal of the First Defendant from its associated registration under the DIFC Courts’ Register of Practitioners (the “Second Defendant’s Application”)
AND UPON the Witness Statement of the Claimant in reply to the Second Defendant’s Application dated 14 February 2024
AND UPON the Claimant’s Skeleton Argument dated 19 February 2024
AND UPON the First and Second Defendants’ Skeleton Arguments dated 1 March 2024
AND UPON reviewing DIFC Courts’ Order No. 4 of 2019 - Mandatory Code of Conduct for Legal Practitioners in the DIFC Courts
AND UPON a hearing having been held before me on 14 March 2024 with all parties in attendance
IT IS HEREBY ORDERED THAT:
1. For reasons to be published in due course, the Court finds that the First and Second Defendants have committed breaches of the Mandatory Code of Conduct for Legal Practitioners in the DIFC Courts (Order No. 4 of 2019).
2. The First and Second Defendants are publicly admonished for their misconduct.
3. The First Defendant is fined USD 15,000.
4. The Second Defendant is fined USD 50,000.
5. The First Defendant shall be removed from the DIFC Courts’ Register of Practitioners.
6. The Second Defendant shall be removed from the list of firms registered to represent parties in proceedings before the DIFC Courts.
7. This decision (the “Decision”) and the reasons for it shall be published in due course but shall be kept confidential for a period of 30 days or until the final determination of any appeal from the Decision.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 15 March 2024
At: 10am
