DIFC court fines 3 parties $75,000 each for contempt of court

The Dubai International Financial Centre (DIFC) Court of First Instance has found two individuals and a company in contempt of court for breaching an injunction, imposing fines of USD 75,000 each..Justice Sir Jeremy Cooke held Ozlynn, Ozlem and Ondray in contempt for deliberately pursuing proceedings before Abu Dhabi courts despite clear orders restraining them from doing so..The Court also ordered the contemnors to pay the claimant’s costs on an indemnity basis. However, it's referral to the Attorney General was suspended until February 27, 2026, giving the respondents an opportunity to purge their contempt..The dispute arose from a joint venture arrangement relating to the management and operation of a facility.Earlier in the proceedings, the DIFC court had granted an injunction restraining the defendants from acting on behalf of the joint venture company or interfering with the management of the facility without the required corporate approvals.The court also issued an anti-suit injunction requiring the defendants to discontinue proceedings before the Abu Dhabi courts.Despite those orders, the defendants continued litigation before the Abu Dhabi Court of First Instance, the Court of Appeal and the Court of Cassation, and later initiated fresh proceedings seeking to remove the claimant as operator of the plant.The claimant then applied for committal of the defendants for contempt of court..The ruling also addressed an objection raised by the respondents that Ozlem had not been personally served with the committal application as required under the Rules of the DIFC Courts.Justice Cooke noted that the committal application had been sent by email to an address Ozlem habitually used in the course of the litigation and that he had actively participated in the proceedings, including by submitting witness statements.Significantly, the Court also referred to Ozlem’s LinkedIn profile, which listed his location as Dubai and showed that his business email address used a UAE domain. These factors supported the conclusion that Ozlem had a real connection with the jurisdiction and was aware of the proceedings.In these circumstances, the Court held that no prejudice would arise from dispensing with personal service..Justice Cooke ultimately held that the defendants had committed contempt in six separate ways, including commencing Abu Dhabi proceedings seeking management control of the plant, continuing litigation before the Abu Dhabi appellate courts, failing to discontinue the proceedings after the anti-suit injunction was issued and initiating fresh proceedings designed to circumvent the DIFC court’s orders..The applicant was represented by M&Co Legal, with Tariq Khan, Partner and Head of International Arbitration, appearing as lead counsel.