DIFC 007/2022

Lara Basem Musa Khoury v Mashreq Bank PSC

The initial dispute involved a claim for damages by a customer of an onshore Dubai bank who claimed they had been given negligent investment advice. The issues considered on appeal were whether the claim form had been served out of time and the court's jurisdiction. A key point was the contract was an asymmetric one. This meant although there was an opt in for cases to be taken by the bank against the customer in the DIFC courts, there had not been a similar opt in for cases to be taken against the bank in that court.

Background

The Appellant Ms Khoury appealed an Order with Reasons of Justice Lord Angus Glennie given in the DIFC Court of First Instance, dated 29 March 2022

This set aside service of a Claim Form on the ground that Ms Khoury had served it out of time; and dismissed the claim on the ground that the DIFC Court had no jurisdiction, holding that there was no “opt-in” agreement under Art. 5(A)(2) of Dubai Law No. 12/2004.