Emirates NBD Bank v Al Kuwari Ruling

Emirates NBD Bank has had service of a £16.3 million bankruptcy petition against Qatari businessman Ghanim Bin Saad Majid Al Saad Al Kuwari declared ineffective after the High Court ruled that alternative service in England could not bypass the rules governing service on a debtor abroad.

In Emirates NBD Bank PJSC v Ghanim Bin Saad Majid Al Saad Al Kuwari [2026] EWHC 1468 (Ch), Insolvency and Companies Court Judge Greenwood set aside an order made by ICC Judge Agnello that had permitted service through the London Gazette, email and steps taken at three Queen Anne’s Gate properties in Westminster.

The petition followed an unpaid English judgment debt of £16,312,559, itself obtained to enforce a 2023 judgment of the Dubai Court of First Instance that was upheld by the Dubai Court of Appeal and Dubai Court of Cassation.

The bank argued that section 265 of the Insolvency Act 1986 gave the English court bankruptcy jurisdiction because Al Kuwari had a place of residence in England and Wales. Judge Greenwood rejected that analysis, distinguishing the court’s statutory power to make a bankruptcy order from its adjudicatory jurisdiction over a particular debtor.

Valid service remained the foundation of that jurisdiction, and a debtor outside England could not be brought within it through alternative service unless permission to serve abroad had first been obtained.

The ruling applied the Court of Appeal’s reasoning in Fridman v Agrofrima Oniks LLC and the High Court decision in Broom v Aguilar. The evidence did not establish a good arguable case that Al Kuwari was present in England between 8 and 12 August 2025, when the alternative service order was made and implemented. His evidence was that he had returned to Qatar, where he lived with his family and conducted his principal business activities.

The court also found that Emirates NBD Bank had not shown personal service to be impracticable under the Insolvency (England and Wales) Rules 2016 because no attempt had been made to serve Al Kuwari in Qatar. Ownership of substantial London property and regular visits to England did not remove the need to follow the separate procedural requirements governing service outside the jurisdiction.

William Edwards KC of 3VB appeared for Emirates NBD Bank, instructed by DWF (Middle East) LLP. Alexander Milner KC of Fountain Court Chambers represented Al Kuwari, instructed by Signature Litigation LLP.

The decision gives insolvency solicitors, barristers and in-house recovery teams a clear warning that evidence supporting bankruptcy jurisdiction cannot substitute for a valid service strategy. Firms pursuing internationally mobile debtors will need to establish presence carefully, seek permission to serve abroad where required and document genuine attempts at personal service before asking the court to approve an alternative method.