DIFC 026/2009
(1) Rafed Abdel Mohsen Bader Al Khorafi (2) Amrah Ali Abdel Latif Al Hamad (3) Alia Mohamed Sulaiman Al Rifai v (1) Bank Sarasin-Alpen (ME) Limited (2) Bank Sarasin & Co Limited-7
Type
Case
Court
Dubai International Financial Centre - JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE, COURT OF FIRST INSTANCE
Jurisdiction
Dubai International Financial Centre
Taxonomy
General Banking & Finance Law, Financial Services & Activities, Breach, Discharge & Rescission of Contract, Remedies, Jurisdiction & Choice of Law, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
21 Aug 2014
Hearing/Judgment date
10 July 2013
Panel
Chief Justice Sir John Chadwick
Catchwords
Investment Services – Misrepresentation – Negligence - Breach of Contract – Damages – DIFC Regulatory Law – Rules of the DIFC Courts
Summary
Claimants brought a claim against defendants for damages for breach of contract and/or negligence and/or misrepresentation. The claimants stated they had made various investments with the defendants involving a sum of over USD 74 million, but the structured financial products that the claimants invested in resulted in heavy losses to the claimants. As a result, they brought a claim. The losses in respect of which the claimants sought compensation included:
(1) Losses on the sale of the claimants' investments with Bank Sarasin(2) Other fees and interest charged by Bank Sarasin (3) Other fees and interest charged by Al Ahli bank Kuwait (ABK) which provided loans to the claimants for the purchase of the financial products