Anoop Kumar Lal (2) Paul Patrick Hennessy v Donna Benton [2025] DIFC CFI 005 (14 February 2025)

Anoop Kumar Lal (2) Paul Patrick Hennessy v Donna Benton [2025] DIFC CFI 005 (14 February 2025)

The Defendant, as the successful party, is entitled to her costs of the action. The Claimants' interpretation of 'costs reserved' is incorrect; it simply allows the court to determine costs at a later stage. There is no reason to depart from the usual rule that costs follow success.

Citation
[2025] DIFC CFI 005
Parties
Claimant/appellant: Anoop Kumar Lal; Claimant/appellant: Paul Patrick Hennessy; Defendant/respondent: Donna Benton
Jurisdiction
United Arab Emirates
Judgment Date
14 February 2025
Procedural Posture
Civil / Costs Order Following Unsuccessful Appeal and Refusal of Permission to Appeal
Outcome
Claimants ordered to pay Defendant's costs, to be assessed on the standard basis by the Registrar if not agreed.
Legal Topics
Costs, Appeal Procedure, Interpretation of 'costs Reserved'
Civil Procedure Costs Appeal Procedure Interpretation of 'costs Reserved'

Case Brief

Summary, issues, holding and outcome

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Parties

Anoop Kumar Lal

Claimant/appellant

Paul Patrick Hennessy

Claimant/appellant

Donna Benton

Defendant/respondent

Procedural Posture

Civil / Costs Order Following Unsuccessful Appeal and Refusal of Permission to Appeal

Legal Issues

  1. 1 Whether the Defendant is entitled to costs following the unsuccessful appeal and refusal of permission to appeal
  2. 2 Interpretation of the term 'costs reserved'

Ratio Decidendi

The Defendant, as the successful party, is entitled to her costs of the action. The Claimants' interpretation of 'costs reserved' is incorrect; it simply allows the court to determine costs at a later stage. There is no reason to depart from the usual rule that costs follow success.

Court Disposition

Claimants ordered to pay Defendant's costs, to be assessed on the standard basis by the Registrar if not agreed.

Orders

  • The Claimants shall pay the Defendant’s costs of the proceedings to be assessed on the standard basis by the Registrar if not agreed.