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Abu Dhabi Global Market judgments (Court of First Instance)


You are here: BAILII >> Databases >> Abu Dhabi Global Market judgments (Court of First Instance) >> Erik Rubingh v Veloqx RSC Limited [2020] ADGMCFI 0006 (29 July 2020)
URL: http://www.bailii.org/ae/cases/ADGMCFI/2020/6.html
Cite as: [2020] ADGMCFI 0006

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COURT OF FIRST INSTANCE

EMPLOYMENT DIVISION

 

BETWEEN

 

 

 

ERIK RUBINGH

CLAIMANT

 

AND

 

VELOQX RSC LIMITED

DEFENDANT

 

 

 

JUDGMENT ON COSTS


 

Neutral Citation:

[2020] ADGMCFI 0006

Before:

His Honour Justice Sir Michael Burton GBE

Decision Date:

29 July 2020

Decision:

The Defendant pay the Claimant’s costs assessed in the total sum of US$ 68,500.

Hearing Date(s):

No hearing

Date of Orders:

29 July 2020

Legislation Cited:

ADGM Court Procedure Rules 2016, r.180.

Catchwords:

Costs; assessment on standard or indemnity basis.

Case Number:

ADGMCFI-2020–005

Parties and representation:

Addleshaw Goddard (Middle East) LLP for the Claimant

Al Tamimi & Company for the Defendant

 

JUDGMENT:

1.         I have read both parties’ submissions to me and the Claimant’s Costs Schedule, and I have reread my judgment of 13 July 2020.  While noting that the Defendant has apparently failed to pay the judgment debt within the 14-day time period provided for in Rule 180 of the ADGM Court Procedure Rules 2016,  I do not consider that, if such be the case, it is relevant to the question before me, as to whether the Defendant conducted the proceedings unreasonably such as to justify an order for indemnity costs.

 

2.         I am not persuaded that the Defendant’s conduct in defending the proceedings has been so unreasonable as to meet the threshold in the authorities brought to my attention. I shall therefore award costs on the standard basis. However, having considered the Claimant’ s Costs Schedule in relation to his diligent and in the event successful pursuit of a claim of US$ 1 million, and the relevant costs guidelines, and without any sight of a comparable schedule from the Defendant,  I assess the costs recoverable by the Claimant on the standard basis at US$ 68,500.

 

Issued by:

Linda Fitz-Alan
Registrar, ADGM Courts

29 July 2020

 

 

 


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URL: http://www.bailii.org/ae/cases/ADGMCFI/2020/6.html