1. At the outset, you need to realise that this legal action can be taken in the Uk. The COURTS OF THE EMIRATE of Ras Al Khaimah do not have exclusive jurisdiction. They only have non exclusive jurisdiction. This means that the bringing of an action elsewhere is not prevented. Exclusive jurisdiction is necessary to compel a party to litigate in a certain court. So in accordance with this clause, an action may be taken in the UK. Additionally, under the rules applicable throughout the EU, if a party wants to sue you as defendant, they must sue you in your home court. As you are living in the UK, this means they must sue you in the UK. So there is nothing wrong in law with what has occurred here. You will be unable to contest the jurisdiction of the English courts to lawfully hear the case, either generally or on the basis of the non exclusive jurisdiction clause for the courts in Ras Al Khaimah.
Thank you. How will the courts look on this in the regard that I have been speaking with the bank in Dubai and have tired to make monthly payments but they became very abusive, threatening my Mother who lives at the address I have in the UK and would no co operate in any way apart from full settlement
2. Ultimately, this bank in the UAE are going to seek to get judgment. A court will not take into account measures to effect a settlement or payment when deciding whether the money is owed or not and whether judgment should be granted. However, if the bank has in fact unlawfully threatened your mother, then she can sue for harassment, as she does not owe the money.
Although I am in no way questioning your expertise, I did see a similar question from another lawyer on your site. There reply was the complete opposite to yours. It is very confusing to someone like myself that does not know the law as when you see two different answers from the same forum, it can be hard to understand what it the right way to proceed. I would welcome your opinion on this. I have copied the other response below.
Alex Watts :
I am still waiting for an answer from August 15