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Abu Dhabi Global Market judgments (Court of Appeal)
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Cite as:  ADGMCA 0001
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COURT OF APPEAL
SKELMORE HOSPITALITY GROUP LTD.
ROSEWOOD HOTEL ABU DHABI LLC
Neutral Citation:  ADGMCA 0001 Before: Chief Justice, Lord David Hope
His Honour Justice Sir Peter Blanchard His Honour Justice Kenneth Hayne
Decision Date: 1 September 2019 Decision: Application for Permission to Appeal refused
Applicant to pay the Respondent's costs of the Application
Decision under appeal: Court of First Instance Division: Civil Date of Decision: 27 May 2019 Before: His Honour Justice Stone SBS QC Case Number(s): ADGMCFI-2019-003 Hearing Date(s): No hearing Date of Orders: 1 September 2019 Catchwords: Application for Permission to Appeal; exercise of judicial discretion Legislation Cited: ADGM Court Procedure Rules 2016, r.56
Civil Procedure Rules 2000 (England and Wales), r.19.5
Cases Cited: No cases cited Case Number: ADGMCA-APP-2019-001 Parties and representation: LPA (Middle East) Limited for the Applicant to the application
Freshfields Bruckhaus Deringer for the Respondent to the application
The joinder application
"(1) Where the claim form has been served, the Court's permission is required to remove, add or substitute a party.
(2) An application for permission under paragraph (1) may be made by an existing party or by a person who wishes to become a party."
The application for permission to appeal
"Permission to appeal may be given only where the panel considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard."
He held that an appeal to this Court would not have a real prospect of success and that no other compelling reason for granting permission was to be found on the facts of this case.
Linda Fitz-Alan Registrar, ADGM Courts 1 September 2019