A22 & Anor v C22 (Costs) Anonymised [2026] ADGMCFI 0007 (20 February 2026)

A22 & Anor v C22 (Costs) Anonymised [2026] ADGMCFI 0007 (20 February 2026)

The court held that while the presumption is that a discontinuing claimant pays the defendant's costs, justice required a split order: C22 to pay the Companies' costs of the Jurisdiction Application on the standard basis, and the Companies to pay C22's costs of the substantive proceedings up to discontinuance, also on the standard basis. No party's conduct justified indemnity costs.

Citation
[2026] ADGMCFI 0007
Parties
Claimant: A22; Claimant: B22; Defendant: C22
Jurisdiction
United Arab Emirates
Judgment Date
20 February 2026
Procedural Posture
Commercial and Civil / Costs Determination Following Discontinuance
Outcome
Split costs order; no indemnity costs; no order as to costs on the cross-applications themselves.
Legal Topics
Costs, Discontinuance, Jurisdiction, Anti Suit Injunctions
Civil Procedure Commercial Law Costs Discontinuance Jurisdiction Anti Suit Injunctions

Case Brief

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Parties

A22

Claimant

B22

Claimant

C22

Defendant

Procedural Posture

Commercial and Civil / Costs Determination Following Discontinuance

Legal Issues

  1. 1 Whether the presumption that a discontinuing claimant pays the defendant's costs should be displaced
  2. 2 Whether costs should be awarded on a standard or indemnity basis

Ratio Decidendi

The court held that while the presumption is that a discontinuing claimant pays the defendant's costs, justice required a split order: C22 to pay the Companies' costs of the Jurisdiction Application on the standard basis, and the Companies to pay C22's costs of the substantive proceedings up to discontinuance, also on the standard basis. No party's conduct justified indemnity costs.

Court Disposition

Split costs order; no indemnity costs; no order as to costs on the cross-applications themselves.

Orders

  • C22 to pay the Companies' costs of the Jurisdiction Application on the standard basis.
  • The Companies to pay C22's costs of the proceedings on the standard basis up to the time of the Notice of Discontinuance.