Jurisdiction(s):
United Kingdom

Al Hamed v Al Hamed: enforcing Abu Dhabi judgment in England and Wales: service out, forum utility despite no assets, and CPR 35 expert evidence compliance

Published on: 16 October 2024

Published by a LexisNexis Dispute Resolution expert

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Article summary

Al Hamed v Al Hamed [2024] EWHC 2448 (Comm) What are the practical implications of this case?

The Court expressed marked dissatisfaction with how the defendants’ team advanced their application. Their application notice was said to be unhelpfully bare: it merely indicated that the Court would be invited to decline to exercise jurisdiction by reference to a witness statement, yet it set out no grounds and attached no draft order. Although a witness statement from Mr Farani did articulate certain bases of challenge, the alleged failures of material disclosure or fair presentation were not spelled out with sufficient clarity or particularity. The Court, meanwhile, granted permission for expert evidence concerning the ADCC Judgment. The claimants place reliance on two reports prepared by Nasser Al Osaiba. The defendants wish to depend on a report authored by Khalid Atiq Al‑Marri. However, Mr Al‑Marri’s report omits an expert’s declaration compliant with CPR 35.10(2), and it also fails to state the substance of his instructions as mandated by CPR 35.10(3). Despite solicitors’ requests, no copy of those instructions has been supplied to date, leaving the evidential position incomplete and the application inadequately particularised overall for now...

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