On 24 November 2022, the Court handed down its judgment ([2022] QIC (F) 20) dismissing the Third Defendant’s counterclaim and ordering that he pay the costs of the Claimant to be assessed by the Registrar if not agreed. No such agreement had been achieved. The Third Defendant was unsuccessful in all of his claims against the Claimant. Based on Rule 33 of the Court’s Regulations and Procedural Rules, QFC Regulation No. 7/2005, and in Hammad Shawabkeh v Daman Health Insurance Qatar LLC [2017] QIC (C) 1, the Registrar noted that the “... list of factors which will ordinarily fall to be considered” to assess whether costs are reasonably incurred and reasonable in amount will be:

i. Proportionality.

ii. The conduct of the parties (both before and during the proceedings).

iii. Efforts made to try and resolve the dispute without recourse to litigation.

iv. Whether any reasonable settlement offers were made and rejected.

v. The extent to which the party seeking to recover costs has been successful.

In relation to proportionality: