HomeCase studiesSMEs, directors & shareholdersCommercial litigationDefending a claim and applying for security for costs in the Qatar Financial Centre Civil and Commercial Court

Why the client needed our help

Our clients were two (of eight) defendants in a claim brought in the Qatar Financial Centre Civil and Commercial Court. Our clients were former shareholders of a financial services company incorporated in the QFC (the Company). The claimant, a company incorporated in the British Virgin Islands, purchased our clients’ shareholding in the Company and become the Company’s sole shareholder.

Financial services companies in the QFC, along with their directors, are highly regulated. The claimant suggested in this case that our clients had breached their regulatory duties and/or made misrepresentations during their time as directors of the Company and sought to recover damages and costs. Shortly after being served with the claimant’s claim, our clients approached us for advise as to whether they would be able to defend the claim.

How we helped

Upon being instructed, we were able to review the strengths and weaknesses of the claim against our clients and help them prepare a robust defence to the claimant’s claim. We drafted a defence to each of the claimant’s points of claim with the assistance of a barrister with many years of experience practising in the QFC courts. 

We ensured that our clients’ defence was filed and served in accordance with the QFC court’s strict procedural rules, and the deadlines contained therein. We further advised our clients that an application for security for costs could prove effective due to the weaknesses identified in the claimant’s claim, and the fact that the claimant was based in the British Virgin Islands.

The outcome

Our clients made an application to the court for security for costs – a novel procedure in the QFC courts. Whilst this application has not yet been determined, the claimant has failed to provide any comprehensible evidence in response to our clients’ application and we remain confident that an application for security will be granted. If it is, our clients will remain firmly on the front foot in these proceedings, which they expect to successfully defend.

One of the most astute appointments I have ever made.

A company director

FWJ were very hands-on, getting involved from an early stage in seeking to avert an expensive set of litigation proceedings. I am more than happy to recommend their services, particularly when it comes to considering complicated issues or complex proceedings.

A client who was facing a liquidator claim for the improper withdrawal of sums from a company. We had the claim dismissed

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