Automated Summary
Key Facts
Gulf Insurance Group sued AlJaber Engineering W.L.L. for unpaid insurance premiums of QAR 4,634,423. A default judgment was entered against AlJaber on 29 June 2025 after Gulf claimed the Claim Form was served by registered post on 28 April 2025. AlJaber appealed, arguing the Claim Form was never properly served as it was sent to an incorrect address and returned undelivered. The appellate court found that despite the law firm filling out a slip requesting delivery to AlJaber's registered address, Qatar Post delivered to a different address shown on the printed label (Building 55, Zone 11, Street 11, Qatar), which was not AlJaber's address. The default judgment was set aside and the Claim Form must be re-served.
Transaction Type
Insurance Policy dispute over unpaid premiums between Gulf Insurance Group and AlJaber Engineering
Issues
- Whether the default judgment entered against AlJaber on 29 June 2025 should be set aside following the appeal, given that the Claim Form was not properly served.
- Whether the Claim Form was validly served on AlJaber in accordance with article 18 of the 2010 Rules and the 2025 Rules, and whether the address used for service was the correct registered or principal office address.
Holdings
The Court allowed the appeal and set aside the default judgment of 29 June 2025. The Claim Form was not properly served on the Defendant/AlJaber because Qatar Post delivered it to an incorrect address (Building 55, Zone 11, Street 11, Qatar) rather than the address requested by the Claimant's law firm (Doha, Lusail, Fox Hill Towers, P.O. Box 22801). The Court found no evidence that the package was sent to an address for AlJaber in accordance with article 18 of the 2010 Rules. The Claim Form must be re-served.
Remedies
The court allowed the appeal against the default judgment entered on 29 June 2025, set aside that default judgment, directed that the Claim Form be re-served on the Defendant if the Respondent/Claimant wishes to proceed, and ordered that Gulf (the Respondent/Claimant) bear the entire costs of the proceedings between 28 April 2025 and the date of this judgment.
Contract Value
4634423.00
Legal Principles
- The court held that the Claimant bears the burden to prove service was properly effected under the Rules. The Claimant must demonstrate that the Claim Form was sent to the correct address in accordance with Article 18 of the 2010 Rules.
- The case concerns service of process under Article 18 of the 2010 Rules and Article 18 of the 2025 Rules of the Qatar Financial Centre Civil and Commercial Court. The court found that although the law firm filled out a slip requesting delivery to an address of AlJaber, Qatar Post delivered the package to a different address on the printed label, which was not an address of AlJaber.
- The court ordered Gulf to bear the entire costs of the proceedings between 28 April 2025 and the date of this judgment. This order was made because the law firm failed to immediately appreciate the mistake in putting the wrong address on the package containing the Claim Form, should have explained what had happened, and re-served the Claim Form.
Cited Statute
- Rules and Procedures before the Civil and Commercial Court of the Qatar Financial Centre 2025
- QFC Civil and Commercial Court Regulations and Procedural Rules 2010
Judge Name
- Lord Thomas of Cwmgiedd
- Justice Sir William Blair
- Justice Her Honour Frances Kirkham CBE
Passage Text
- 22. We therefore allow the appeal, set the default judgment aside and direct that the Claim Form be re-served. It is therefore not necessary for us to consider any of the other grounds of the application.
- 23. As is apparent from what we have set out, the Al-Mahmoud Law Firm should have immediately appreciated the mistake that had been made in putting the wrong address on the package containing the Claim Form, should then have explained what had happened, and re-served the Claim Form. It is deeply regrettable that the law firm did not do so. It would have saved very considerable cost and expense and the wholly unnecessary applications to this Court.
- 21. It follows that there is no evidence that the package containing the Claim Form was sent by registered post to an address for AlJaber in accordance with the provisions of article 18 of the 2010 Rules. Therefore, the Claim Form was never served in accordance with article 18.
Damages / Relief Type
Appeal allowed; default judgment set aside; Claim Form to be re-served