Commercial Bank of Dubai PSC v Al Sari

The Tenth Defendant (“Mr Almheiri”) was found at trial to have been involved in a dishonest scheme to prevent the Bank from enforcing an £80 million judgment debt, by acting as a front for members of a wealthy Emirati family. On the committal application, the Court found that his “patent and flagrant” breach of his asset disclosure obligations under the worldwide freezing order was “part of a clear continuing pattern of conduct”.

Mr Almheiri declined to participate in the hearing, asserting that the pursuit of the English proceedings amounted to a criminal offence the subject of ongoing investigation in the UAE, and doing so may expose him to criminal liability as an accessory to that offence. The Court held that that provided no excuse. The privilege against self-incrimination only applies to criminal offences in the United Kingdom. Further, it had not been suggested that giving asset disclosure would amount to an offence, and the appropriate course would have been for him to apply to vary or discharge the order.

Andrew Trotter and Madelaine Clifford acted for the Claimants, instructed by Sion Richards at Jones Day.

The judgment is available here.