Dar Al Arkan Real Estate Company & Anor v Al Refai

Dar Al Arkan Real Estate Company & Anor v Al Refai

Special circumstances exist due to the real risk that claimants will not be able to enforce Bahraini judgments if the costs order is enforced, the absence of significant prejudice to the defendant, and the relationship between the litigation and the foreign judgments. Discontinuance does not affect previous costs orders, which remain in force unless specifically ordered otherwise.

Parties
Claimant: Dar Al Arkan Real Estate Company; Claimant: Bank Alkhair B. S. C.(c); Defendant: Mr Majid Al-Sayed Bader Hashim Al Refai
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Commercial / Post Discontinuance, Costs Determination
Outcome
Stay of enforcement of the discontinuance costs order granted; previous costs orders remain unaffected.
Legal Topics
Stay of Execution, Costs Orders, Discontinuance, Enforcement of Foreign Judgments
Civil Procedure Commercial Law Stay of Execution Costs Orders Discontinuance Enforcement of Foreign Judgments

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Parties

Dar Al Arkan Real Estate Company

Claimant

Bank Alkhair B. S. C.(c)

Claimant

Mr Majid Al-Sayed Bader Hashim Al Refai

Defendant

Procedural Posture

Commercial / Post Discontinuance, Costs Determination

Legal Issues

  1. 1 Should enforcement of the discontinuance costs order be stayed?
  2. 2 Does the discontinuance costs order override previous costs orders in favour of the claimants?

Ratio Decidendi

Special circumstances exist due to the real risk that claimants will not be able to enforce Bahraini judgments if the costs order is enforced, the absence of significant prejudice to the defendant, and the relationship between the litigation and the foreign judgments. Discontinuance does not affect previous costs orders, which remain in force unless specifically ordered otherwise.

Court Disposition

Stay of enforcement of the discontinuance costs order granted; previous costs orders remain unaffected.

Orders

  • Claimants' application for a stay is granted.
  • Costs order of 19 May 2015 is adjusted so it does not affect previous costs orders.