Claim No. CFI 004/2014
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE DIFC COURT OF FIRST INSTANCE
MS. SONIA GUETAT
MIRABAUD (MIDDLE EAST) LIMITED
ORDER OF H.E. JUSTICE ALI AL MADHANI
FURTHER TO the Order of this court dated 7 August 2014 requesting the parties file submissions on wasted costs.
AND UPON considering Claimant’s and Defendant’s submissions on Wasted Costs, filed on 12 August 2014 and 14 August 2014 respectively
AND UPON the Claimant’s Application Notice CFI-004-2014/4 filed on 18 August 2014 to amend their Claim Form
AND PURSUANT to the Rule 38.83 of the Rules of the DIFC Courts (RDC) and Practice Direction No. 4 of 2014 ‘DIFC Courts’ Wasted Costs Orders’
AND UPON considering the parties’ conduct during the course of the proceedings.
IT IS HEREBY ORDERED THAT:
1. The Claimant shall redraft the Claim Form and Particulars of Claim in a way that is consistent with the observations set out in the Defendant’s submission dated 21 August 2014, paragraphs 5 (A- F) within 10 days of the date of this order and by no later than 4pm on Sunday 5 October 2014.
2. The Claimant’s legal representatives shall be liable for the costs of both applications (Application Notice CFI-004-2014/2 and Application Notice CFI-004-2014/3) as Wasted Costs, to be assessed by the Registrar if not agreed, occasioned as a result of their conduct in the proceedings.
3. Liberty to apply.
Date of issue: 24 September 2014
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