The Industrial Group Ltd v Abdelazim EL Shikh EL Fadil Hamid [2023] DIFC CFI 029 (10 March 2023)

The Industrial Group Ltd v Abdelazim EL Shikh EL Fadil Hamid [2023] DIFC CFI 029 (10 March 2023)

Interest on the penalty sum of AED 244,640 is awarded from 28 August 2019 to 6 April 2022 at the same rate as previously awarded for AED 820,585, and at 9% per annum thereafter until payment. The proportion of TIG's total reasonable costs attributable to the Tort Claims is capped at 35%. The court has no jurisdiction to order TIG to pay Mr. Hamid's costs assessment court fee or to restrain TIG from commencing its own costs assessment until such payment.

Citation
[2023] DIFC CFI 029
Parties
Claimant/respondent: The Industrial Group Ltd; Defendant/applicant: Abdelazim EL Shikh EL Fadil Hamid
Jurisdiction
United Arab Emirates
Judgment Date
10 March 2023
Procedural Posture
Civil (employment and Tort) / Post Trial Application for Interest and Costs Allocation After Appeal
Outcome
Application partly allowed, partly refused.
Legal Topics
Interest on Judgment Debts, Costs Assessment, Penalty Under Employment Law, Abuse of Process, Malicious Prosecution
Employment Law Tort Law Civil Procedure Interest on Judgment Debts Costs Assessment Penalty Under Employment Law Abuse of Process Malicious Prosecution

Case Brief

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Parties

The Industrial Group Ltd

Claimant/respondent

Abdelazim EL Shikh EL Fadil Hamid

Defendant/applicant

Procedural Posture

Civil (employment and Tort) / Post Trial Application for Interest and Costs Allocation After Appeal

Legal Issues

  1. 1 Whether the Defendant is entitled to interest on the penalty sum awarded by the Court of Appeal
  2. 2 How to apportion costs between Employment Claims and Tort Claims
  3. 3 Whether the Claimant should pay the Defendant's costs assessment court fee and be restrained from commencing its own costs assessment until payment

Ratio Decidendi

Interest on the penalty sum of AED 244,640 is awarded from 28 August 2019 to 6 April 2022 at the same rate as previously awarded for AED 820,585, and at 9% per annum thereafter until payment. The proportion of TIG's total reasonable costs attributable to the Tort Claims is capped at 35%. The court has no jurisdiction to order TIG to pay Mr. Hamid's costs assessment court fee or to restrain TIG from commencing its own costs assessment until such payment.

Court Disposition

Application partly allowed, partly refused.

Orders

  • Claimant to pay Defendant interest on AED 244,640 from 28 August 2019 to 6 April 2022 at the rate awarded for AED 820,585 as per 17 June 2022 order.
  • Claimant to pay Defendant interest on AED 244,640 at 9% per annum until full payment.