January 28, 2015 court of first instance - Orders,Orders
Claim No: CFI 035/2014
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE DEPUTY CHIEF JUSTICE SIR JOHN CHADWICK
BETWEEN
(1) MR RAFED ABDEL MOHSEN BADER AL KHORAFI
(2) MRS AMRAH ALI ABDEL LATIF AL HAMAD
(3) MRS ALIA MOHAMED SULAIMAN AL RIFAI
Claimants
and
KBH KAANUUN LIMITED
CONSENT ORDER
UPON the Claimants accepting that they remain liable to the Defendant for such outstanding professional fees and disbursements as are found or agreed to be due and owing under a Conditional Fee Agreement dated 4 April 2010 and the Amended and Restated Litigation Funding Agreement dated 21 April 2013 pursuant to the detailed assessment of those fees and expenses referred to in the Schedule hereto (“the Outstanding Costs Liability”) and that they will honour their liability to discharge the Outstanding Costs Liability once the same has been agreed and/or determined by the Court;
AND UPON it being agreed that the Defendant is entitled to exercise a lien over the papers which it has in its possession, custody or power relating to case number CFI 026/2009 currently retained by the Defendant until such time as the Claimants fully discharge their liability to the Defendant in respect of the Outstanding Costs Liability as assessed or agreed;
AND UPON the Claimants agreeing that the Defendant has a potential interest in any monies which the Claimants have recovered or preserved through the instrumentality of the Defendant in the legal proceedings CFI 026/2009 between Rafed Abdel Mohsen Bader Al Khorafi & 2 Ors v Bank Sarasin Alpen (ME) & 1 Or (“the Main Proceedings CFI 026/2009”) including for the avoidance of doubt the US$11,445,049 paid to the Claimants by Bank Sarasin-Alpen (ME) Limited and Bank J. Safra Sarasin Ltd (formerly Bank Sarasin & Co Limited) as Defendants in CFI 026/2009), by Order of Deputy Chief Justice Sir John Chadwick dated 29 October 2014, currently preserved in Court by Order of H.E. Justice Omar Ali Muhairi dated 10 November 2015 in CFI 036/2014 (“the Interim Preservation Order”). The Claimants will not seek to discharge the Interim Preservation Order until the Defendant has been paid the Outstanding Costs Liability;
AND UPON the Parties agreeing to be responsible for the fees of the Assessor;
AND UPON the Parties agreeing terms as set out in the attached Schedule;
IT IS HEREBY ORDERED BY CONSENT THAT:
1. Mr Peter Hurst, the former Senior Costs Judge of the Senior Courts Costs Office of the High Court of England & Wales shall be appointed as an Assessor for the purposes of determining and certifying to the Court the Outstanding Costs Liability following a detailed assessment of the Defendant’s fees and disbursements pursuant to the Solicitors Act 1974 for services rendered to the Claimants in action number CFI 026/2009.
2. The Part 8 Claim and Part 8 Counterclaim shall be stayed until further notice from the Court.
3. Costs of these proceedings be reserved.
Issued by:
Nassir Al Nasser
Judicial Officer
Date of issue: 28 January 2015
At: 9am
