Turcon v Assaf & Anor [2025] ADGMCFI 0002 (27 February 2025)

Turcon v Assaf & Anor [2025] ADGMCFI 0002 (27 February 2025)

The court held that while the claimant's actual legal costs (USD 99,000) were not unreasonable as between client and lawyer, only the fixed fee portion (USD 35,000) was reasonable and proportionate to order against the defendants in the context of a default judgment, given the limited work required and the need to resolve any doubt in favour of the paying party. The uplift was not awarded.

Citation
[2025] ADGMCFI 0002
Parties
Claimant: Remy Alexandre Turcon; First Defendant: Toufic Assaf; Second Defendant: Abdul Karim Ibrahim
Jurisdiction
United Arab Emirates
Judgment Date
27 February 2025
Procedural Posture
Commercial/civil (breach of Contract) / Costs Determination Following Default Judgment
Outcome
Costs awarded to claimant against both defendants, jointly and severally.
Legal Topics
Default Judgment, Costs Assessment, Breach of Contract, Summary Assessment of Costs
Civil Procedure Contract Law Default Judgment Costs Assessment Breach of Contract Summary Assessment of Costs

Case Brief

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Parties

Remy Alexandre Turcon

Claimant

Toufic Assaf

First Defendant

Abdul Karim Ibrahim

Second Defendant

Procedural Posture

Commercial/civil (breach of Contract) / Costs Determination Following Default Judgment

Legal Issues

  1. 1 Whether the costs claimed by the claimant are reasonable and proportionate for a default judgment in a breach of contract case
  2. 2 Whether the terms of the claimant's engagement with his lawyers are relevant to the assessment of costs payable by the defendants

Ratio Decidendi

The court held that while the claimant's actual legal costs (USD 99,000) were not unreasonable as between client and lawyer, only the fixed fee portion (USD 35,000) was reasonable and proportionate to order against the defendants in the context of a default judgment, given the limited work required and the need to resolve any doubt in favour of the paying party. The uplift was not awarded.

Court Disposition

Costs awarded to claimant against both defendants, jointly and severally.

Orders

  • Defendants to pay claimant's costs in the amount of USD 35,000, jointly and severally.