On 19 December 2024, Foxton J handed down judgment in the next phase of the well-publicised litigation between the National Bank of Dubai and the Al-Sari family. The judgment considers a number of areas of significant legal interest including the nature and extent of judicial proceedings immunity for things said and done in a foreign court, whether the deceit tort can be made out if the representee knows the representation to be untrue following the Hayward decision in the Supreme Court, and the ingredients of the newly established Marex tort. However, perhaps the most interesting issue addressed in the judgment is a determination that applications for freezing orders against non-cause of action defendants cannot be served out of the jurisdiction after judgment under the “necessary and proper party” gateway.
Jonathan Cohen KC was instructed together with Nicola Allsop of Quadrant Chambers, by PCB Byrne, for D7, D9 and D10.
