DIFC 012, 014/2021
(1) Nest Investments Holding Lebanon S.A.L. (2) Jordanian Expatriates Investment Holding Company (4) Ghazi Kamel Abdul Rahman Abu Nahl (5) Jamal Kamel Rahman Abu Nahl (6) Trust Compass Insurance S.A.L. (7) Trust International Insurance Company (Cyprus) Limited (8) His Excellency Sheikh Nasser Bin Ali Bin Saud Al Thani (9) Fadi Ghazi Abu Nahl (10) Hamad Ghazi Abu Nahl (11) Kamel Ghazi Abu Nahl v (1) Deloitte & Touche (M.E.) (2) Joseph EL Fadl
Type
Case
Court
Dubai International Financial Centre - Court of Appeal
Jurisdiction
Dubai International Financial Centre, Lebanon, United Arab Emirates
Taxonomy
Money Laundering, Auditing, Litigation Procedure & Practice, Civil Evidence, Professional Negligence, Share Schemes
Decision date
9 Feb 2023
Panel
Chief Justice Zaki Azmi, HE Justice Shamlan Al Sawwalehi and Justice Robert French
Catchwords
Auditor - Professional Negligence - Share Value - Shareholder's Rights - Money Laundering - Evidence -Treatment of Foreign Law - Appeal - Time Bar
This case was an appeal of a decision on the liability of an audit firm and audit principal as a result of the audit firm's failure to identify money laundering issues which were subsequently discovered and led to a loss in share value. Issues included what time limit applied under Lebanese and DIFC law to the claim. Also discussed was how issues of foreign law should be dealt with as evidence and their bearing on the right to appeal. The right of individual shareholders to take a claim of this nature was also considered.