Sheikh Mohammed Omar Kassem Alesayi v Bank Audi S.A.L.

Sheikh Mohammed Omar Kassem Alesayi v Bank Audi S.A.L.

The Armstrong costs order below is varied to 70% of claimant's costs to reflect partial success; on appeal, defendant is the successful party and is awarded 65% of its appeal costs; payment on account of appeal costs is set at 70%; sums are to be paid directly to defendant, not via Lebanese accounts or escrow; costs of extension of time and consequentials hearing are to be costs in the jurisdiction application.

Parties
Claimant/respondent: Sheikh Mohammed Omar Kassem Alesayi; Defendant/appellant: Bank Audi S. A. L.
Jurisdiction
England and Wales
Judgment Date
15 April 2025
Procedural Posture
Appeal / Post Appeal Costs Judgment
Outcome
Costs judgment; Armstrong order varied; defendant awarded costs on appeal; payment on account ordered.
Legal Topics
Costs, Jurisdiction Challenge, Disclosure Orders, Consumer Contract, Payment on Account
Civil Procedure Banking Law Costs Jurisdiction Challenge Disclosure Orders Consumer Contract Payment on Account

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Parties

Sheikh Mohammed Omar Kassem Alesayi

Claimant/respondent

Bank Audi S. A. L.

Defendant/appellant

Procedural Posture

Appeal / Post Appeal Costs Judgment

Legal Issues

  1. 1 Variation of costs order below
  2. 2 Repayment of sums paid on account
  3. 3 Identification of successful party on appeal

Ratio Decidendi

The Armstrong costs order below is varied to 70% of claimant's costs to reflect partial success; on appeal, defendant is the successful party and is awarded 65% of its appeal costs; payment on account of appeal costs is set at 70%; sums are to be paid directly to defendant, not via Lebanese accounts or escrow; costs of extension of time and consequentials hearing are to be costs in the jurisdiction application.

Court Disposition

Costs judgment; Armstrong order varied; defendant awarded costs on appeal; payment on account ordered.

Orders

  • Armstrong order varied to 70% of claimant's costs below.
  • Repayment of sums paid by defendant on account to be contingent on balance after variation, with interest at 1% above base rate.