Claimant vs Defendant

This case concerned the detailed assessment of costs following multiple court orders in a prolonged legal dispute between the Claimant and the Defendant.

TLDR:

• Multiple court orders required the Claimant to pay the Defendant's costs.
• The Defendant filed a Notice of Commencement of Assessment of Bill of Costs.
• The Registrar assessed the costs at AED 488,839.23 plus interest.
• The Claimant's application to adjourn the assessment was dismissed.
• The Claimant was ordered to pay additional costs for the Detailed Assessment Hearing.

The dispute between the Claimant and the Defendant involved several court orders regarding the payment of costs. The initial order by H.E. Justice Maha Al Mheiri on 5 August 2021 stated 'costs in the case'. Subsequent orders by Justice Lord Angus Glennie on 29 March 2022 and 29 April 2022, and Chief Justice Zaki Azmi on 7 July 2022, further detailed the costs to be paid by the Claimant to the Defendant.

On 25 January 2024, the Defendant filed a Notice of Commencement of Assessment of Bill of Costs in respect of these orders. The Claimant raised points of dispute on 14 February 2024, to which the Defendant replied on 7 March 2024. A detailed assessment hearing took place on 15 May 2024, where Mr. Karl Anderson represented the Defendant and Mr. P V Sheheen represented the Claimant.

During the Detailed Assessment Hearing, the Claimant's application to adjourn the assessment proceedings was dismissed by Registrar Ayesha Bin Kalban. The Registrar proceeded to assess the Defendant's costs pursuant to the various court orders.

The Registrar assessed the Defendant's costs at AED 488,839.23. Additionally, the Claimant was ordered to pay interest on the assessed costs at a rate of 9% per annum for a period of 3 months, amounting to AED 10,998.88.

Furthermore, the Registrar immediately assessed the costs of the Detailed Assessment Hearing at AED 97,674.37, which the Claimant was also ordered to pay.

The total amount payable by the Claimant, including the assessed costs and interest, was to be paid by no later than 4pm (GST) on Monday, 17 June 2024.

This case highlights the importance of complying with court orders related to costs and the potential financial implications of prolonged litigation. It serves as a reminder for legal practitioners to manage litigation costs effectively and to be prepared for detailed cost assessments.