Bassam Khalifa v S.W.I.F.T. (Dubai) Limited [2020] DIFC CA 005 (02 November 2020)

Bassam Khalifa v S.W.I.F.T. (Dubai) Limited [2020] DIFC CA 005 (02 November 2020)

Neither party can be regarded as the ultimate winner on appeal; Defendant's limited success on one issue is balanced by failures on others. On overall assessment, each party should bear its own costs of the appeal. The costs order at first instance remains unchanged as Defendant's success was on a new argument not raised below.

Citation
[2020] DIFC CA 005
Parties
Claimant/respondent: Bassam Khalifa; Defendant/appellant: S. W. I. F. T. (Dubai) Limited
Jurisdiction
United Arab Emirates
Judgment Date
02 November 2020
Procedural Posture
Appeal / Costs Determination After Appellate Judgment
Outcome
Each party to bear its own costs of the appeal; first instance costs order remains unchanged.
Legal Topics
Costs, Appeal, Whistleblowing, Operating Law, Disclosure, Compensation, Penalties, Counterclaim
Civil Procedure Costs Appeal Whistleblowing Operating Law Disclosure Compensation Penalties +1 more

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Parties

Bassam Khalifa

Claimant/respondent

S. W. I. F. T. (Dubai) Limited

Defendant/appellant

Procedural Posture

Appeal / Costs Determination After Appellate Judgment

Legal Issues

  1. 1 Entitlement to costs of appeal
  2. 2 Entitlement to costs of Court of First Instance proceedings
  3. 3 Effect of success on discrete issues in appeal on costs

Ratio Decidendi

Neither party can be regarded as the ultimate winner on appeal; Defendant's limited success on one issue is balanced by failures on others. On overall assessment, each party should bear its own costs of the appeal. The costs order at first instance remains unchanged as Defendant's success was on a new argument not raised below.

Court Disposition

Each party to bear its own costs of the appeal; first instance costs order remains unchanged.

Orders

  • Each party bear its and his own costs of the appeal.
  • No immediate assessment of Claimant's bill of costs.