Watson Farley & Williams (“WFW”) has secured a favourable judgment for its client Gulf Wings FZE (“Gulf Wings”) before the Dubai International Financial Centre (“DIFC”) Court of Appeal in the case Gulf Wings FZE v A & K Trading Limited (1) Mr Kamel Abou Aly (2) Mr Ahmed Abouhashima (3) CA-014-2 022.
Gulf Wings successfully obtained contempt orders against the Defendants who were shown to have been culpable in allowing an aircraft specifically named in a freezing order to leave Dubai. The contempt orders were discharged by the Court of First Instance following payment of the principal debt due to Gulf Wings. The DIFC Court of Appeal allowed Gulf Wings’ appeal against the discharge order and found that any application to discharge contempt would only succeed if the Defendants paid the significant costs that Gulf Wings incurred as a consequence of the contempt.
This is an important decision in that it reinforces the guiding principle that contemnors must make good what has been lost as a result of their contempt.
The WFW Dubai Dispute Resolution team that advised Gulf Wings was led by Dispute Resolution Partner and Dubai Office Head Charlotte Bijlani supported by Counsel Soraya Corm-Bakhos, Senior Associate Thomas Whitfield and Associate Haya Al-Bawab.
Charlotte commented: “We are delighted to have successfully represented Gulf Wings in this matter. This is significant decision by the DIFC Court of Appeal and it perfectly demonstrates our regional dispute capabilities in the aviation and wider transport sector”.
The full judgment can be read here.
