Dar Al Arkan Real Estate Development Company and another v Al Refai

Civil Procedure – Costs. The claimants had settled a claim against a defendant and had been granted permission to discontinue the claims against him. An order was made by consent that the claimants should pay the defendant's costs of the action on an indemnity basis (the discontinuance costs order). The claimants applied for a stay of execution of the discontinuance costs order pending the determination of proceedings to enforce judgments obtained by the second claimant against the defendant in Bahrain. The Chancery Division granted the application where he claimants had made out their case for a stay. There was a real risk that otherwise they would not be able to enforce the Bahraini judgments. It further held that, prima facie, under the CPR, discontinuance did not affect pre-existing costs orders.

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