English High Court judge Flaux today ordered the Djibouti Government to provide a further GBP 3 million (USD4.37 million) to Mr Boreh as security for his legal costs after his recent win in the English Commercial Court.ย This is on top of GBP 9.3 million which the Djibouti government were required to pay Mr Boreh for his legal costs last month (citeย 2 Marchdecision).
Mr Borehโs lawyer also informed the judge that Djibouti had also agreed to reverse a previous cost order made in Djiboutiโs favour when Mr Boreh had unsuccessfully applied to strike out Djiboutiโs claim against him in 2013. Djibouti agreed to withdraw its claim to over GBP 600,000 in costs, repay Mr Boreh GBP 163,000 plus interest and pay him a further GBP200,000.
The Judge also referred to Djiboutiโs request for permission to appeal part of his judgment ofย 2 March. Djibouti had taken the extraordinary step of by-passing him in the appeal process and applying directly from the Court of Appeal. The Judge, who was not given a copy of the appeal document, remarked that it was normal practice to seek permission from the trial judge first instead of going directly to the Court of Appeal but this was something Djibouti would have to explain to the Court of Appeal.ย Djiboutiโs lawyer assured the judge that no disrespect was intended and submitted that they did this to save costs.