CL-2024-000684; LM-2024-000030; CL-2025-000039 |
KING'S BENCH DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT
Fetter Lane, London, EC4A 1NL |
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B e f o r e :
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DEINON INSURANCE BROKERS LLC (a company incorporated under the laws of the United Arab Emirates) |
Respondent |
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- and - |
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COLIN REEN |
Applicant |
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And Between: |
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DEINON INSURANCE BROKERS LLC (a company incorporated under the laws of the United Arab Emirates) |
Respondent |
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- and - |
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K. M. DASTUR HOLDINGS LIMITED |
Applicant |
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David Joseph KC (instructed by Gunnercooke LLP) for the Respondent
Hearing dates: Friday 16 May 2025
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Crown Copyright ©
Mr Justice Saini :
I. Overview
II. Factual Background
III. Legal Principles
IV. Analysis
"The Claimant was advised to make appropriate filings in Dubai purely as a defence against execution of certain arbitration awards arising out of separate arbitration proceedings between distinct companies that form part of the KMD Group and Respondent No 1 to assert that the monies belonging to Respondent No 1 were actually monies belonging to the Claimant and therefore not payable as loans to Respondent No 1 because there is no existence of debt between the KMD Group. The Claimant was advised to take up their defence for the Claimant to defend itself against the recovery of these purported loans. Needless to state this was without prejudice to any other proceedings of the Claimant is and is free to initiate against Respondent No 1 in other jurisdictions for breach of separate agreements executed between proposed Respondents No 2 and 3 through Respondent No 1 and the Claimant."
"It is further observable that the opposing party, in its reply memorandum, sought to inject into the record certain judicial rulings and summary orders, in an anticipatory manoeuvre aiming to coerce the Plaintiffs into deviating from the core path of this action, in fear of substantiating the mala fide intentions and vexatious conduct of the Defendants, both in the past and at present. However, the Plaintiffs shall not succumb to such machinations, and hereby reaffirm their intent, through the present proceedings, to establish the veritable and actual ownership of the First Defendant entity by the Second Plaintiff, for once such factuality is judicially recognized, all of the claims and contentions proffered by the adverse party shall collapse ipso facto, akin to dominoes, for that which is erected upon a void shall itself be void."
V. Conclusion
Deinon v Reen – Schedule of Arbitral Awards and subsequent Judgments
No | Arbitral Award | Judgment | Amount of Judgment outstanding |
1. |
Partial Final Award dated 13 July 2023. £400,000 and £266,029.27, being interest to that date. Total: £666,029.27 |
Order of Mr Justice Jacobs dated 28 September 2025 (CL-2023-000587) |
£666,029.27 (plus further interest to payment, reflecting terms of partial final award) |
2. | Final Award dated 31 October 2023 £173,974.54 (plus interest). Costs of arbitral proceedings. |
Order of Mr Justice Jacobs dated 18 December 2024. CL-2024-000684) |
£173,974.54 plus interest of £14,217.12 plus costs of £1000 = £189,191.66 |
3. | n/a | Order of Mrs Justice Cockerill by consent dated 24 January 2025 (CL-20230000587) Agreed costs of the Order of Mr Justice Jacobs dated 28.09.25 |
£1,147.50 plus interest of £117.21. Total: £1,264.71 |
4. |
Final Award dated 31 October 2023. Deinon was awarded costs of the cost assessment process. Parties reached agreement on costs of this process. |
Order of Mr Justice Calver dated 7 February 2025 (CL-2025-000039) |
£6,502.50 plus £328.28 interest and £1000 costs. Total: £7,830.78 |
5. | n/a. (Deinon's costs of application issued by Mr Reen dated 20/10/23 to strike out certain part of Deinon's evidence referring to KMDH award served in opposition to Mr Reen's s.69 challenge; application withdrawn) | Order of Mr Justice Butcher dated 6 June 2024 by consent (CL-2023-000555) |
£7,098.74 |
TOTAL: | £871,415.16 |
Deinon v K.M. Dastur Holdings Ltd – Schedule of Arbitral Awards and subsequent Judgments
No. | Arbitral Award | Order | Amount of Judgment outstanding |
6. | Partial Final Award dated 16 August 2023. USD1,017,320 plus interest and costs | Order of HHJ Pelling KC dated 6 September 2023 (LM-2023-000210) |
USD1,071,320 plus £18,966 (half share of Arbitrator's costs) (plus interest on both amounts) |
7. | Final Award dated 25 October 2023 £299,609.30 costs plus interest | Order of HHJ Pelling KC dated 29 January 2025 (LM-2023-000030) [ |
£299,609.30 plus interest of £17,733.21 and £2850 in respect of costs. Total: £320,192.51 |
TOTAL: | USD1,071.320 and £339,158.51 |
Chronology of KMDH and Mr Reen's Arbitration Act Applications
Date | party | Application/Order | Outcome/Details |
09 August 2023 | Mr Reen | Arbitration Claim Form | Seeks relief pursuant to s.69 of the Arbitration Act 1996. |
25 August 2023 | KMDH | Arbitration Claim Form | Seeks relief pursuant to s.69 and s.68 of the Arbitration Act 1996. |
4 September 2024 | KMDH | Order of Mr Justice Baker (on paper) |
Leave to appeal pursuant to s.69 refused and s.69 claim dismissed; s.68 challenge dismissed. KMDH given permission to apply to set aside the Order on the s.68 challenge. (The "KMDH Dismissal Order"). Costs of £26,976.92 awarded to Deinon. |
4 September 2024 | Mr Reen | Order of Mr Justice Baker (on paper) |
Leave to appeal pursuant to s.69 refused and the s.69 claim dismissed. Costs of £17,085.41 awarded to Deinon. |
18 September2024 | KMDH | Application |
To set aside paragraph 4 of Order of Baker J. dated 04.09.24 and for extension of time to appeal against para 1 of that Order. (The "Set Aside Application") |
25 September 2024 | Mr Reen | Application |
For leave to appeal the Order of Baker J. dated 4 September 2024 (the "Reen Appeal Application") |
08 October 2024 | KMDH | Order for Directions | For hearing of set aside application |
13 November 2024 | Mr Reen | Order of Mr Justice Baker | Reen Appeal Application dismissed. Leave to appeal refused. No order as to costs. |
22 November 2024 | KMDH | Order of Mr Justice Baker |
Set Aside Application dismissed; extension of time application adjourned. |
12 December 2024 | KMDH | Order of Mr Justice Baker |
No order for costs of set-aside application; Judgment reserved on extension of time application and application by KMDH for leave to appeal against paragraph 1 of the KMDH Dismissal Order and for leave to appeal against the dismissal of the Set-Aside Application. |
17 January 2025 | KMDH | Order of Mr Justice Baker |
Extension of time application and leave to appeal application dismissed. |