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The judgment regarding costs in the case of  Les Ambassadeurs Club Limited v Salah Hamdan Albluewi  [2020] EWHC 1369 followed the decision discharging a worldwide freezing order (the WFO) and dismissing the application of the Claimant for the continuation of the same.

The Court considered the following issues: the appropriate Order for costs; should the costs be on the indemnity basis; should there be a summary assessment and, if not, should there be a payment on account of costs pursuant to CPR 44.2(8).

After hearing oral submissions, it was concluded that:

  • The Claimant should pay the Defendant’s costs – this was not a case where any part of the costs should abide the event of the ultimate trial or await adjudication.
  • The costs were to be assessed on the standard basis – the case did not feature “something outside the ordinary and reasonable conduct of proceedings”.
  • There was to be no summary assessment – the case was “too heavy” for the Court to embark on a summary assessment (the hearing lasted more than one day, and the amounts involved total were over £100,000).
  • There should not be a payment on account of costs – the Claimant should be able to set off the costs liability against a judgment which it will obtain if it is successful in its claim which was a good reason to order that there should not be a payment on account of costs.
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