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Lexis^® Middle East

QFC QFC Case No. 002/2013

Chedid & Associates Qatar LLC v Said Bou Ayash-5

Type

Case

Court

Qatar Financial Centre - Qatar Financial Centre, Civil and Commercial Court, First Instance Circuit

Jurisdiction

Qatar Financial Centre

Taxonomy

General Civil Procedure & Administration of Justice

Copyright

LexisNexis

Decision date

20 Jan 2015

Hearing/Judgment date

20 January 2015

Panel

Cullen, Robertson and Al-Sayed JJ

Catchwords

Practice and Procedure – Costs – Application for payment of legal fees and disbursements –– Defendant being employee of claimant QFC company – Dispute arising between parties on termination of contract of employment – Defendant successfully defending claim – Claimant being predominantly successful on defendant's counterclaim – Defendant having entered into conditional fee agreement with London law firm – Defendant applying for payment of legal fees and disbursements by claimant – Claimant applying for payment of legal fees – Whether indemnity principle preventing defendant from claiming legal fees – Whether either party being entitled to payment of legal fees and disbursements

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Background

Referenced documents

QFC Law No. 23 of 2006
Article 37 of Qatar Law No. 23/2006

Table of Contents

Background
The defendant had been employed by the claimant company and a dispute arose on termination of his employment. On 25 September 2014, the court gave its judgment in the substantive action. The defendant was successful in defending the claim against him, while the claimant was predominantly successful in the counterclaim. The defendant had entered into a conditional fee agreement with his London based lawyers. That agreement stated that it was to be construed in accordance with the laws of England and Wales. He then applied to the court for payment, by the claimant, of his legal fees and disbursements. He submitted that there was no reason why the court should depart from the general rule in art 33.2 of the QFC Civil and Commercial Court Regulations and Procedural Rules that the unsuccessful party paid the costs of the successful party. The fact that the counterclaim had not succeeded in its entirety did not affect that the defendant had defeated the claim. The claimant then made its own application for costs and disbursements on the ground that the legal fees claimed represented costs that could, had it not been for the conduct of the defendant, have been avoided. The ground appeared to relate to a number of complaints regarding the defendant's ‘overly expansive arguments' and his extravagant legal fees.
Disposition
The defendant's application for his legal fees and disbursements would be allowed in part. The claimant's application for its legal fees would be dismissed.
Submissions
Holding
Legislation referred to
Appearances