LXT Real Estate Broker L.L.C v SIR Real Estate LLC [2026] DIFC CA 005 (13 January 2026)

The Court of Appeal found that the judge at first instance erred in several findings regarding the security for costs, including the scope, quantum, and effect of litigation funding, and remitted the application for security to the Court of First Instance for reconsideration. The appeal was allowed and the cross-appeal dismissed.

Citation: [2026] DIFC CA 005
Parties: Claimant/respondent: LXT Real Estate Broker L. L. C; Defendant/appellant: SIR Real Estate LLC
Jurisdiction: United Arab Emirates
Judgment Date: 13 January 2026
Procedural Posture: Appeal / Order on Appeal
Outcome: Appeal allowed; cross-appeal dismissed; application for security remitted to Court of First Instance; costs orders varied.
Legal Topics: Security for Costs, Appeal Procedure, Costs Orders

Civil Procedure Security for Costs Appeal Procedure Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

LXT Real Estate Broker L. L. C

Claimant/respondent

SIR Real Estate LLC

Defendant/appellant

Procedural Posture

Appeal / Order on Appeal

Legal Issues

1 Whether the order for security for costs was correctly determined by the Court of First Instance
2 Whether the presence of a litigation funder affects the quantum of security
3 Whether the Claimant is entitled to cross-appeal

Ratio Decidendi

Court Disposition

Appeal allowed; cross-appeal dismissed; application for security remitted to Court of First Instance; costs orders varied.

Orders

Appeal allowed and application for security remitted to CFI for reconsideration.
Order for security remains in place pending reconsideration.