Lord Hope, sitting as Chief Justice in the Abu Dhabi Global Market Court of Appeal, has today given an important judgment upholding the requirement to follow English law. He referred to the advantages of certainty and predictability which this provides and contrasted it with the position in the DIFC. He concluded that the trial judge was wrong to refuse to follow the decision of the majority of the English Court of Appeal in Racing Partnership v Done (which held that a person may be liable for conspiracy to cause loss by means of a breach of contract, even if he does not know that the action in question will amount to a breach of contract).
David Halpern KC appeared for the successful appellants in AC Network Holding Ltd v Polymath Ekar SPV1 ADGMCA-2023-01, instructed by Al Tamimi & Co.
