Dubai judgment successfully enforced in England and Wales
JMW partner and Solicitor Advocate Stephen Topping successfully recovers money and enforces Dubai judgment in England.
Background: Unpaid debt and Dubai court proceedings
JMWs client loaned money to the defendant Mr P. Mr P subsequently failed to make repayment to our client. Initial legal proceedings were brought by another law firm against Mr P in Dubai and judgment was obtained in our client’s favour. Despite the Dubai judgment and the subsequent failure of appeals against that judgment, Mr P failed to pay.
Enforcing the Dubai judgment in England and Wales
Stephen and his team were able to establish that Mr P owned a property in London. Using a recent landmark High Court decision which confirmed that a court judgment from Dubai was able to be enforced in the courts of England and Wales, JMW issued a claim in the High Court to enforce the Dubai judgment, successfully converting the amount to be paid into sterling, for a significant seven figure sum. Mr P appealed the judgment and the amount, engaging London lawyers and a leading KC to represent him; Stephen was successful in opposing the appeal. Enforcement action followed and a charging order was obtained over the London property, Mr P unsuccessfully opposing the charging order.
Further litigation was then commenced for an order of sale of the London property. Mr P’s lawyers again engaged leading Counsel to oppose the making of an order for sale and to again try to set aside the underlying judgment. Again, Mr P’s actions were successfully opposed by Stephen.
Outcome: Full recovery of the debt
Mr P’s multiple applications, which went as far as appeal, were all successfully defeated with consequential costs orders. Following representation by Stephen Topping, the property formerly owned by Mr P was realised and JMW’s client was able to recover the debt owed by Mr P; despite the potential obstacle of distance - judgment being enforced more than 3,000 miles from Dubai - our client was able to recover all that was owed.
Stephen Topping said “This case is particularly important because it emphasises that judgments obtained in the United Arab Emirates are enforceable in England and Wales. When we were able to establish that Mr P owned property in London, there was nowhere to hide. Mr P endeavoured to make life difficult, but we were confident we could recover our client’s money even though the origin of the case was more than 3,000 miles away in Dubai.”
