DIFC employment costs: success on interim applications does not guarantee award

The DIFC Court of First Instance has issued guidance on costs awards in employment cases. In BGC Brokers LP v Adam Tillman (CFI 038/2025), the Court held that even substantial success in an interim application is not, by itself, sufficient to justify a costs award. The case involved an application by the Claimant for a freezing order and other interim relief against its former employee. The Court granted the freezing order, but at the costs hearing the Claimant was denied its costs despite its success. The Court emphasised that in the context of DIFC employment claims, the general rule that costs follow the event does not automatically apply. Instead, the Court has a broad discretion and will consider factors such as the conduct of the parties, the reasonableness of the application, and the proportionality of the costs claimed.