Latest articles
EMIRATES RETAKAFUL v TRUST INTERNATIONAL INSURANCE AND REINSURANCE [2020] DIFC CFI 001 — Consent order for stay of proceedings (22 June 2020)
The lawsuit involves a commercial dispute between the Claimant, Emirates Retakaful Limited, and the Defendant, Trust International Insurance and Reinsurance Company B.S.C (c). The litigation was initiated under claim number CFI 001/2020, with the Defendant initially contesting both the jurisdiction…
GARETH BROOKES v SAMIR GHAIS [2019] DIFC CFI 001 — Order of Discontinuance (14 March 2019)
A procedural analysis of the voluntary termination of proceedings in the DIFC Court of First Instance under the Rules of the DIFC Courts.
DIFC INVESTMENTS v MOHAMMED AKBAR MOHAMMED ZIA [2017] DIFC CFI 001 — Permission to appeal and governing law directives (16 July 2017)
The litigation, registered as CFI 001/2017, involves a dispute between DIFC Investments and Mohammad Akbar Mohammad Zia. Following a judgment delivered by H.E. Justice Omar Al Muhairi on 15 May 2017, the Defendant sought to challenge the court's findings.
DIFC Investments v Mohammed Akbar Mohammed Zia [2017] DIFC CFI 001 — Declaration of contract termination for non-performance (15 May 2017)
The dispute arose from the failed sale of 72 residential units in the "Newbridge Hill 2" development located in Motor City, Dubai. The Claimant, DIFC Investments LLC, entered into 72 substantively identical contracts with the Defendant, Mohammed Akbar Mohammed Zia, on 3 May 2015.
DIFC INVESTMENTS v MOHAMMAD AKBAR MOHAMMAD ZIA [2017] DIFC CFI 001 — Procedural validation and relief from sanctions (11 April 2017)
The Court of First Instance exercises its case management discretion to regularize service and admit late filings, prioritizing the merits of the dispute over technical procedural non-compliance.
MR. GIOVANNI v GISSELLE CO. ADVOCATES AND LEGAL CONSULTANTS [2016] DIFC CFI 001 — Employment jurisdiction and the limits of DIFC opt-in clauses (31 March 2020)
The dispute arose from an employment relationship between Mr. Giovanni (the Appellant) and Gisselle Co. Advocates and Legal Consultants (the Respondent). The parties had entered into an employment agreement on 1 June 2014, which stipulated that the contract would be governed by DIFC laws.
DUTCH EQUITY PARTNERS v DAMAN REAL ESTATE CAPITAL PARTNERS [2006] DIFC CFI 001 — Costs apportionment following Article 157 validation (20 August 2007)
The lawsuit centered on a challenge by Dutch Equity Partners Limited (the Claimant) regarding the validity of resolutions passed at several shareholders' meetings held by Daman Real Estate Capital Partners Limited (the Defendant).
RAFED ABDEL MOHSEN BADER AL KHORAFI v BANK SARASIN-ALPEN [2015] DIFC CFI 001 — High evidentiary threshold for freezing orders (18 January 2015)
The DIFC Court of First Instance clarifies the stringent requirements for interim injunctive relief, emphasizing that mere suspicion of asset dissipation is insufficient to warrant a freezing order.
YOUSSEF ISSA WARD v DAMAC PARK TOWERS COMPANY [2015] DIFC CFI 001 — Stay of execution and contempt application (26 August 2015)
The dispute between Youssef Issa Ward and DAMAC Park Towers Company Limited centers on the enforcement of a judicial directive issued on 25 May 2015 by H.E. Justice Omar Al Muhairi. Following that order, which favored the Claimant, the Defendant failed to satisfy the requirements, prompting the…
YOUSSEF ISSA WARD v DAMAC PARK TOWERS COMPANY [2015] DIFC CFI 001 — Clarifying appellate jurisdiction over procedural amendments (03 August 2015)
The dispute arose following an order by Chief Justice Michael Hwang SC, which granted DAMAC Park Towers Company Limited leave to appeal against a judgment by Justice Omar Al Muhairi and a subsequent order requiring the return of a cheque for AED 448,815.
YOUSSEF ISSA WARD v DAMAC PARK TOWERS COMPANY [2015] DIFC CFI 001 — Anti-suit injunction and cheque return order (25 May 2015)
The Claimant, Youssef Issa Ward, sought an urgent court order to prohibit the Defendant, DAMAC Park Towers Company, from pursuing criminal charges related to a dishonoured cheque in the amount of AED 448,815.
YOUSSEF ISSA WARD v DAMAC PARK TOWERS COMPANY [2014] DIFC CFI 001 — Restitution for wrongful termination of a Reservation Agreement (10 May 2015)
The dispute centered on the off-plan purchase of a commercial unit in the Park Towers Development within the DIFC. The Claimant, Youssef Issa Ward, sought the return of funds paid toward the unit after the Defendant, DAMAC Park Towers Company Limited, terminated the Reservation Agreement, alleging…
YOUSSEF ISSA WARD v DAMAC PARK TOWERS COMPANY [2014] DIFC CFI 001 — Procedural directions following Pre Trial Review (17 November 2014)
The litigation involves a dispute between Youssef Issa Ward and Damac Park Towers Company, which reached a critical juncture requiring judicial intervention regarding the scope of the pleadings.
MR YOUSSEF ISSA WARD v DAMAC PARK TOWERS COMPANY [2014] DIFC CFI 001 — Case Management Order (03 April 2014)
This procedural order establishes the definitive timeline for the progression of civil litigation between Mr. Youssef Issa Ward and Damac Park Towers Company Limited and Damac Star Properties LLC, setting the stage for a trial scheduled for late 2014.
YAHYA AL SHAYKH v DUBAI INTERNATIONAL FINANCIAL CENTRE AUTHORITY [2012] DIFC CFI 001 — Procedural strike-out for non-payment of court fees (17 December 2012)
The dispute centered on the failure of the Claimant, Yahya Al Shaykh, to meet the financial requirements necessary to maintain an active claim within the DIFC Court system. Specifically, the Claimant failed to settle outstanding court fees totaling US$ 3,000.
YAHYA AL SHAYKH v DUBAI INTERNATIONAL FINANCIAL CENTRE AUTHORITY [2012] DIFC CFI 001 — Pre-trial procedural management (16 September 2012)
The litigation involves a direct claim brought by Yahya Al Shaykh against the Dubai International Financial Centre Authority. While the underlying substantive merits of the claim are not detailed in this specific order, the document confirms that the matter reached a stage requiring rigorous…
YAHYA AL SHAYKH v DUBAI INTERNATIONAL FINANCIAL CENTRE AUTHORITY [2012] DIFC CFI 001 — Pre-trial review procedural directions (13 September 2012)
The litigation under case number CFI-001-2012 involves a claim brought by Yahya Al Shaykh against the Dubai International Financial Centre Authority. While the substantive merits of the underlying claim are not detailed in this specific pre-trial review order, the court’s focus is directed toward…
YAHYA AL SHAYKH v DIFC AUTHORITY [2012] DIFC CFI 001 — Case management and procedural timeline (14 June 2012)
A foundational procedural order establishing the rigorous case management framework for the litigation between Yahya Al Shaykh and the DIFC Authority.
DIFC AUTHORITY v SOPHIA AL SHAYKH [2012] DIFC CFI 001 — Strike out of third-party employment claim (12 February 2012)
The Court of First Instance reinforces the doctrine of privity of contract, confirming that dependents lack standing to sue for employment benefits absent express contractual intent to confer enforceable rights.
NOEL PATRICK GAFFNEY v DAMAC PARK TOWERS COMPANY [2011] DIFC CFI 001 — Default judgment for real estate investment recovery (14 April 2011)
The lawsuit centered on a real estate investment dispute involving the Claimants, Noel Patrick Gaffney and Lorna Anne Gaffney, and the Respondent, Damac Park Towers Company Limited (formerly known as Damac Real Estate Asset Management Company Limited).
SAAD Financial Advisory Services Limited [2010] DIFC CFI 001 — Winding up and liquidator appointment (23 February 2010)
The petition for the winding up of SAAD Financial Advisory Services Limited (Registered No. 0274) was brought before the Court of First Instance by the company itself, acting through its sole shareholder, LA Investments Limited.
Rasmala Investments Limited v Rana Banat and Others [2009] DIFC CFI 001-006/2009 — The exclusivity of DIFC Employment Law (06 April 2009)
The dispute originated from six separate claims filed by former employees of Rasmala Investments Limited, who alleged that their termination constituted unfair dismissal. The claimants sought various liquidated sums as damages, arguing that their employment rights were protected under the broader…
RANA BANAT v RASMALA INVESTMENTS [2009] DIFC CFI 001 — Appeal against Small Claims Tribunal judgment (02 March 2009)
The dispute originated in the Small Claims Tribunal (SCT), where Rana Banat initiated a claim against Rasmala Investments Limited. While the specific underlying merits of the initial claim were not detailed in the final order, the matter escalated to the Court of First Instance (CFI) following an…
RANA BANAT v RASMALA INVESTMENTS [2009] DIFC CFI 001 — Procedural dismissal of interlocutory application (18 February 2009)
The DIFC Court of First Instance clarifies the threshold for interlocutory applications, emphasizing the necessity of substantive legal grounding and timely procedural conduct.