In Invest Bank PSC v El-Husseini, Mr Justice Bryan dismissed applications by four of the defendants against the bank for security for costs because he considered there to be no objectively justified grounds of obstacles to enforcement. In reaching that conclusion, the Judge rejected the defendants’ expert evidence that the bank could resist enforcement by submitting that there was no reciprocity of enforcement between the UAE and England. He also rejected the defendants’ expert evidence that there was a public policy in the UAE against enforcement of a foreign costs order.

The PCB Byrne team of Trevor Mascarenhas, David Johnson, Caitlin Foster and Eamon Khorsheed acted for the successful bank, instructing Alan Gourgey KC and Marc Delehanty.

The judgement is available to read here.