Erik Rubingh v Veloqx RSC Limited [2020]

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:

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 proceedi ngs 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