El-Husseiny v Invest Bank PSC: Supreme Court ruling on creditor rights
El-Husseiny v Invest Bank PSC: Supreme Court ruling on creditor rights On 19 February 2025, the Supreme Court dismissed the appeal in El-Husseiny and another v Invest Bank PSC, a significant case concerning asset recovery and creditor protection. The case involved Invest Bank PSC, a UAE-based public shareholding company, which sued Ahmad Mohammad El-Husseini over alleged guarantees for loans given to UAE companies. Invest Bank obtained judgments against El-Husseini in Abu Dhabi and sought to enforce them against assets
Failure to Prevent Fraud Under the Economic Crime and Corporate Transparency Act 2023
Failure to Prevent Fraud Under the Economic Crime and Corporate Transparency Act 2023 The offence of “failure to prevent fraud” has been incorporated into The Economic Crime and Corporate Transparency Act 2023 (the Act). This legislation aims to hold companies accountable if fraud is committed by employees or associated persons for the organisation’s benefit. Businesses must take active steps to prevent fraudulent activities or risk substantial penalties. In this article, we examine the implications of the offence of a
Servis-Terminal v Drelle: A Landmark Decision on the Recognition of Foreign Judgments
Servis-Terminal v Drelle: A Landmark Decision on the Recognition of Foreign Judgments The Court of Appeal has recently clarified an important aspect of cross-border enforcement in insolvency proceedings. In Servis-Terminal LLC v Drelle [2025] EWCA Civ 62, the Court of Appeal ruled that a foreign judgment cannot be used as the basis for a bankruptcy petition in England and Wales unless it has first been recognised by an English court. This decision has significant implications for both creditors seeking
Investment Fraud Exposed: The Power of Private Prosecution
Investment Fraud Exposed: The Power of Private Prosecution We acted for a client based in the UAE as a private prosecutor in a fraud case, highlighting the devastating impact of investment fraud and the value of private prosecutions in achieving justice. The matter had been reported to the police, but as steps had not been taken to prosecute, we were instructed to bring the private prosecution. The defendant was the former founder and chief executive of a company that
Security for costs relating to Claimant’s based outside of England and Wales
Security for costs relating to Claimant’s based outside of England and Wales There is a general principle in litigation that the losing party will pay the successful party’s legal costs. Where a defendant has concerns that the other side may not pay their costs, they can ask the court to make a security for costs order. This will require the claimant to pay money into court so that it can be paid to the defendant if they are awarded
Facing corporate insolvency: What do I need to know about personal guarantees?
Facing corporate insolvency: What do I need to know about personal guarantees? Owners and directors of small and medium-sized businesses and start-ups are often required to sign personal guarantees in order to secure funding. Should you face corporate insolvency a personal guarantee can put all of your personal assets at risk, including your family home, so you should always take independent legal advice before signing one to ensure that you understand your liability and the extent of the risk
Director disqualification and the 7 things you need to know
Director disqualification: what do I need to know? When a company director fails to carry out their legal responsibilities, they run the risk of being disqualified. This can be a lengthy procedure resulting in a period of disqualification during which it is not permitted to form, promote or manage a company. The main law governing disqualification is contained in the Company Director Disqualification Act 1986. Grounds for disqualification as a company director Director disqualification usually arises from insolvency and misconduct, but
Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ratified by UK government
Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ratified by UK government The UK government has now ratified the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. It will take effect on 1 July 2025 in England and Wales and will apply to judgments in cases where proceedings are commenced after that date. The convention is set to enable judgments in