Stelian Gheorghe v (1) Bsa Ahmad Bin Hezeem & Associates Llp (2) Jimmy Haoula [2026] DIFC CFI 045 (06 April 2026)
The Court refused permission to appeal because none of the grounds had a real prospect of success and there was no compelling reason for the appeal. Immediate assessment was appropriate under RDC 38.30(1), the burden of proof was not reversed, the broad-brush approach was correctly applied, and there was no improper duplication or cross-subsidisation of costs.
- Citation
- [2026] DIFC CFI 045
- Parties
- Claimant/appellant: Stelian Gheorghe; First Defendant/respondent: Bsa Ahmad Bin Hezeem & Associates LLP; Second Defendant/respondent: Jimmy Haoula
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 06 April 2026
- Procedural Posture
- Costs Appeal / Application for Permission to Appeal Against Costs Order
- Outcome
- Permission to appeal refused
- Legal Topics
- Immediate Assessment of Costs, Burden of Proof in Costs, Broad Brush Approach, Jurisdictional Proceedings, Duplication of Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Stelian Gheorghe
Claimant/appellant
Bsa Ahmad Bin Hezeem & Associates LLP
First Defendant/respondent
Jimmy Haoula
Second Defendant/respondent
Procedural Posture
Costs Appeal / Application for Permission to Appeal Against Costs Order
Legal Issues
- 1 Whether immediate assessment of costs was appropriate under RDC 38.30(1)
- 2 Whether the Court reversed the burden of proof under RDC 38.2
- 3 Whether the broad-brush approach was misapplied
Ratio Decidendi
The Court refused permission to appeal because none of the grounds had a real prospect of success and there was no compelling reason for the appeal. Immediate assessment was appropriate under RDC 38.30(1), the burden of proof was not reversed, the broad-brush approach was correctly applied, and there was no improper duplication or cross-subsidisation of costs.
Court Disposition
Permission to appeal refused
Orders
- Claimant’s Application for Permission to Appeal is refused.
- No order as to costs.
Full Case Text
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