High Court judgment handed down in El Debs & Ors v Coughlan [2026] EWHC 2160 (Ch)

Ahmed Elhusseiny (instructed by DLA Piper) appeared for the Respondent in this application for pre-action disclosure in the Business and Property Courts.

This case gave rise to a novel issue not previously addressed in the authorities: what is the proper approach to pre-action disclosure where the Respondent says that, should substantive proceedings be issued, they are liable to be stayed or struck out on forum non conveniens grounds. In particular, is what is the threshold for the court’s jurisdiction being engaged where the substantive dispute is one which would fall outside the English court’s jurisdiction. 

The case arose out of the alleged collapse of a USD 6 million investment in an ADGM-incorporated commodities vehicle, with the Applicants pursuing allegations of fraudulent misrepresentation and unlawful means conspiracy spanning Monaco, Luxembourg, and Abu Dhabi. 

The judgment, handed down on 20 August 2026, addresses a number of important points arising under CPR 31.16 — including the forum non conveniens threshold on pre-action disclosure applications, the scope of a controlling director’s possession of company documents, and the standard required to resist allegations of fraud and unlawful means conspiracy at the pre-action stage.

Ahmed Elhusseiny appeared for the Respondent, instructed by Noami Pryde at DLA Piper.

Judgment

Read the full judgment, here.

Find out more

Ahmed practices in commercial litigation, commercial-chancery, and international arbitration. His experience spans construction, company and shareholder disputes, insolvency, shipping and commodities, civil fraud, partnerships, banking and financial services, and sanctions. Ahmed has extensive advocacy and witness-handling experience in multi-day trials and heavy applications. He has particular experience being instructed as sole counsel to deal with urgent interlocutory applications such as freezing orders, search orders, and anti-suit injunctions. Ahmed practices in commercial litigation, commercial-chancery, and international arbitration. Ahmed has extensive advocacy and witness-handling experience in multi-day trials and heavy applications. He has particular experience being instructed as sole counsel to deal with urgent interlocutory applications such as freezing orders, search orders, and anti-suit injunctions.

To find out more about Ahmed, contact Lexie Johnson on + 44 (0) 207 427 0801

News 24 Aug, 2026