Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Kent (aka Joannis Kent) [2016] EWHC 623 (QB) (21 March 2016)

Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Kent (aka Joannis Kent) [2016] EWHC 623 (QB) (21 March 2016)

There are not objectively justified grounds to conclude that the defendant is unlikely to successfully obtain enforcement of a costs judgment against the claimant in the civil/commercial courts of the UAE. Difficulties exist, but do not amount to impossibility. Security for costs may be justified only to cover additional costs incurred in enforcement, not the entirety of the defendant's costs.

Citation
[2016] EWHC 623 (QB)
Parties
Claimant: Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan; Defendant: John Kent (Joannis Kent)
Jurisdiction
England and Wales
Judgment Date
21 March 2016
Procedural Posture
Commercial Claim / Interlocutory Application for Security for Costs
Outcome
Application for security for costs as drafted refused; court invites submissions on tailored security limited to enforcement costs.
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Reciprocity, Public Policy, Delay in Application
Civil Procedure Commercial Law Security for Costs Enforcement of Foreign Judgments Reciprocity Public Policy Delay in Application

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Parties

Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan

Claimant

John Kent (Joannis Kent)

Defendant

Procedural Posture

Commercial Claim / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered against a foreign claimant resident in the UAE
  2. 2 Whether enforcement of an English costs order in the UAE is likely to be impossible or unduly burdensome
  3. 3 Whether the defendant's application is justified given the delay and the nature of the counterclaim

Ratio Decidendi

There are not objectively justified grounds to conclude that the defendant is unlikely to successfully obtain enforcement of a costs judgment against the claimant in the civil/commercial courts of the UAE. Difficulties exist, but do not amount to impossibility. Security for costs may be justified only to cover additional costs incurred in enforcement, not the entirety of the defendant's costs.

Court Disposition

Application for security for costs as drafted refused; court invites submissions on tailored security limited to enforcement costs.

Orders

  • Both parties to provide written submissions on tailored security for costs limited to enforcement expenses or indicate if further hearing is required.