Thomas Williams was recently involved in a ground-breaking case before the Qatar International Court, Amberberg Limited v. Prime and Others [2024] QIC (F) 23, which established the Court’s jurisdiction to order security for costs and the principles to be applied. Thomas appeared on behalf of the successful applicants, obtaining security for costs for the entire proceedings. The judgment was given by Justice Ali Malek KC, who held that English law principles were relevant in deciding whether or not to grant security for costs, coupled with a three-factor approach based on

  1. Whether it is possible to decide that the Claimant would succeed in its claim or that the Defendant would succeed in its Defence;
  2. An assessment of the Claimant’s financial position and the prospects of the successful enforcement of a costs order against the Claimant; and
  3. Whether it is fair and reasonable on the facts of the case to make an order for security.

Thomas was instructed by Maria Koureas-Jones and Daniel Tominey of Francis Wilks & Jones LLP.

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