English Court Sets Aside Service Order in Emirates NBD's £16.3m Bankruptcy Claim Against Al Kuwari

The High Court of England and Wales has set aside an order that had permitted Emirates NBD Bank PJSC to serve a bankruptcy petition on Qatari businessman Ghanim Bin Saad Majid Al Saad Al Kuwari by alternative means, in a ruling that underscores the procedural discipline required before insolvency jurisdiction can be exercised over a debtor said to be based abroad. The decision in Emirates NBD Bank PJSC v Ghanim Bin Saad Majid Al Saad Al Kuwari [2026] EWHC 1468 (Ch) concerned an unpaid judgment debt of around £16.3 million and the steps the bank had taken to bring the petition to the debtor's attention.

Background to the dispute

The underlying liability traced back to a 2023 judgment obtained in Dubai, which was subsequently upheld through the Dubai appeal and cassation courts. Seeking to enforce the resulting debt in England, Emirates NBD pursued bankruptcy proceedings against Al Kuwari in the Insolvency and Companies Court. Because the bank considered conventional personal service impractical, it applied for permission to serve the petition by alternative methods.

In August 2025, ICC Judge Agnello granted an order authorising service through the London Gazette, by email, and at properties associated with the respondent in Westminster. The bank contended that Al Kuwari had a sufficient connection with England, including residency and property interests in the capital, to justify service within the jurisdiction.

The court's findings

Hearing the challenge to that order, the judge concluded that the alternative service already effected had not been valid. The court found no evidence that Al Kuwari had been present in England during the relevant period, and the respondent's own evidence indicated that he had returned to Qatar. On that basis, the judge rejected the argument that ownership of London property and periodic visits were enough to treat him as amenable to service in the jurisdiction.

The court emphasised that valid service is a precondition to establishing jurisdiction over a respondent, and that procedural requirements for serving a party abroad cannot be sidestepped simply because the debtor maintains assets or makes occasional visits to England. The earlier service order was accordingly set aside, with the methods of service it had sanctioned declared ineffective. Emirates NBD was represented by William Edwards KC of 3VB, while Al Kuwari was represented by Alexander Milner KC of Fountain Court Chambers.

Why the ruling matters

The outcome illustrates the care creditors must take when enforcing foreign judgments through the English insolvency regime against internationally mobile debtors. Alternative service can be a valuable tool where a respondent is difficult to locate, but the court's willingness to unwind an order made only months earlier shows that such permission will not survive scrutiny where the evidential foundation for jurisdiction is thin.

For cross-border enforcement more widely, the decision is a reminder that a debtor's tangible links to England, such as real estate or travel patterns, do not automatically translate into effective service or a basis for domestic insolvency jurisdiction. Creditors advancing bankruptcy petitions against foreign-based individuals will need to assemble clear evidence of presence or a recognised jurisdictional gateway, and to align their service strategy with the rules governing parties outside the jurisdiction, or risk seeing their proceedings stalled at the threshold.