DIFC 042/2022 on 26 October 2022
Lunars v (1) Liuns (2) Lerstin (3) Liwt (4) Lohan (5) Lufits
The initial dispute involved an M&A for which the claimant had been promised money and there had been a significant delay in paying that money. The claimant suspected the money had been put into another company. This case involved an urgent application and request for prep-action disclosures of information, a banker's trust and a Norwich Pharmacal Order. There was also an arbitration being conducted.
Background
On 16 June 2022, the Claimant filed an Urgent Application and later a Part 8 Claim seeking pre-action disclosure under RDC 28.48 against D1, D2 and D3 (Lerstin Entities), a non-party disclosure application under RDC 28.51, Norwich Pharmacal order relief (the “NPO”) and a banker’s trust order against D4 and D5.
The use of the Part 8 procedure was appropriate in the circumstances of this case, as stipulated under RDC 28.47. However, the urgency of the Urgent Application was unclear.
D4 and D5 or their legal representatives did not appear at the Hearing