Claim No: CFI 067/2024

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

EDOUARD MANDELKERN

Claimant

and

SAMI BENNANI

Defendant

ORDER WITH REASONS OF H.E. JUSTICE NASSIR AL NASSER

UPON the Order of H.E. Justice Nassir Al Nasser dated 11 September 2025 rejecting the Defendant’s Application No. CFI-067-2024/1 dated 27 January 2025 (the “Order”)

AND UPON the Claimant filing its Statement of Costs on 15 September 2025 in the total sum of AED 40,000 (the “Claimed Amount”)

AND UPON reviewing the Statement of Costs and all other relevant documents

AND UPON considering Part 38 of the Rules of the DIFC Courts (“RDC”) and Practice Direction No. 4 of 2017 (Interest on Judgments)

IT IS HEREBY ORDERED THAT:

1. The Defendant shall pay the Claimant the amount of AED 20,000 (the “Costs Award”), representing around 50% of the Claimed Amount in the Statement of Costs.

2. The Costs Award shall be paid within 14 days from the date of this Order, pursuant to RDC 38.40.

3. In the event the Defendant fails to pay the Costs Award within 14 days of this Order, interest shall accrue at the rate of 9% per annum from the date of this Order until full payment is made, in accordance with Practice Direction No. 4 of 2017.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 25 September 2025
At: 2pm

1. This is an application made by the Claimant seeking costs pursuant to paragraph 3 of the Order dated 15 September 2025, which rejected the Defendant’s Application No. CFI-067-2025/1 seeking to set-aside the Default Judgment.

2. For the reasons set out in that Order, I found that the Defendant failed to demonstrate a real prospect of successfully defending the claim.

3. In the Statement of Costs dated 15 September 2025, the Claimant claims a total of AED 40,000, comprising professional fees.

4. I am not satisfied that the hourly rates fall within the reasonable range of market expectations. In addition, the time claimed does not appear proportionate to complexity, and volume of the steps undertaken.

5. Therefore, in the exercise of my discretion under RDC 38.8 and 38.23, and applying the standard basis of assessment, I consider that a reduction is appropriate.

6. In the circumstances, I consider that an award of 50% of the Claimant’s claimed costs reflects a fair and proportionate outcome, consistent with the principles of reasonableness and judicial economy.

7. Accordingly, I award the Claimant costs in that amount, payable within 14 days, with interest accruing thereafter in accordance with the DIFC Courts’ standard practice.