Latest articles
LICIA v LIESMA [2022] DIFC SCT 322 — Employment probation and notice period compliance (12 October 2022)
The dispute arose following the termination of the Claimant, Licia, from her position as a Legal Secretary in the Insurance Department of the Defendant, Liesma. Licia alleged that her dismissal was wrongful and sought significant financial compensation, initially including a claim for parking fees…
Likhil v Lakshin [2021] DIFC SCT 322 — Enforceability of conditional promissory notes and commission claims (28 December 2021)
The Small Claims Tribunal clarifies the strict application of performance-based repayment clauses in promissory notes and the necessity of meeting underlying fundraising targets to trigger commission entitlements.
NUFUN v NOLAN [2023] DIFC SCT 321 — Refusal of permission to appeal employment benefits award (25 December 2023)
The DIFC Court of First Instance reinforces the high threshold for appellate intervention in Small Claims Tribunal employment disputes, affirming that the absence of employer record-keeping cannot be used to defeat statutory employee entitlements.
MUSAQI v MERABS [2023] DIFC SCT 321 — Employment entitlement recovery and statutory penalty enforcement (24 November 2023)
The Small Claims Tribunal clarifies the application of Article 19 penalties and mandatory DEWS contributions in the context of a DIFC business closure.
Mako v Mali [2023] DIFC SCT 320 — Permission to appeal refused for employment salary dispute (25 December 2023)
The DIFC Court of First Instance confirms the high threshold for appealing Small Claims Tribunal decisions, ruling that a consultancy fee dispute lacked a real prospect of success.
NIRVED v NEHA [2024] DIFC SCT 319 — Correcting misidentified parties in SCT employment claims (17 September 2024)
The Small Claims Tribunal clarifies the procedural necessity of naming the correct corporate entity as a defendant in employment disputes to ensure the validity of claims.
LILYMAE v LAIBA [2021] DIFC SCT 319 — Permission to appeal granted regarding MEP work assessment (02 March 2022)
The underlying dispute in this matter concerns a construction-related claim, specifically involving the execution and valuation of Mechanical, Electrical, and Plumbing (MEP) works. Following an initial judgment issued on 18 February 2022, the Claimant, Lilymae, sought to challenge the findings of…
Five Real Estate Development v Reem Emirates Aluminium [2023] DIFC TCD 009: The High Cost of Procedural Overreach in Construction Disputes
A multi-year construction litigation saga concludes with a AED 17 million judgment, underscoring the dangers of post-judgment re-litigation.
Mafalda v Magee [2021] DIFC SCT 319 — Liability for water damage and limits on alternative accommodation costs (18 February 2022)
The Small Claims Tribunal clarifies that landlords cannot shift liability for property damage to tenants when maintenance negligence is the root cause, while simultaneously capping reimbursement for alternative housing at the pro-rata rental value of the original unit.
LUVYA v LOMASH [2021] DIFC SCT 318 — Non-payment of freight invoices and the limits of informal set-off (19 December 2021)
The Small Claims Tribunal clarifies that claims for damages arising from separate operational disputes cannot be used as an informal set-off against undisputed debts under a credit agreement.
Lexi Consulting v Layton [2019] DIFC SCT 318 — Breach of contract and partial performance in hospitality consultancy (18 February 2020)
The dispute arose from a consultancy agreement signed on 20 June 2018, under which Lexi Consulting was engaged to facilitate the development and opening of a board-game themed café. The Claimant initially sought payment for alleged outstanding fees and a "Project Termination Fee," while the…
IBIZA v IMRE LIMITED [2018] DIFC SCT 318 — Employment dispute over unpaid dues and statutory penalties (25 November 2018)
The dispute originated from the termination of the Claimant’s employment as a "Senior Manager Corporate Advisory" at Imre Limited. Upon filing his claim in the Small Claims Tribunal (SCT), the Claimant sought a total of AED 452,204.00, encompassing a broad range of outstanding financial…
LISANA FZ LLE v LUKNA ADVERTISING LLC [2020] DIFC SCT 317 — Breach of contract and unpaid retainer fees (08 November 2020)
The dispute arose from a Public Relations Agreement entered into by the parties on 3 November 2019. The Claimant, Lisana Fz Lle, alleged that the Defendant, Lukna Advertising Llc, failed to settle invoices for services rendered during the period spanning the end of February and the beginning of…
JAAKO LEGAL CONSULTANCY v JORDY [2019] DIFC SCT 316 — Enforcement of legal service engagement letters (21 February 2019)
The dispute centered on a claim for unpaid legal fees, interest, and administrative charges arising from an Engagement Letter signed on 19 September 2017. The Claimant, Jaako Legal Consultancy FZE, alleged that it performed significant legal work for the Defendant, Jordy, and his business partner,…
NAJJAR v NASEER [2024] DIFC SCT 315 — Unpaid employment entitlements following corporate insolvency (10 October 2024)
The dispute arose from the cessation of employment of the Claimant, Najjar, who served as a Director Actuarial for the Defendant, Naseer. Following the Defendant’s encounter with severe cash flow issues in July 2024, which ultimately triggered the initiation of insolvency proceedings, the Claimant…
Mada v Ms. Macy [2021] DIFC SCT 315 — Permission to appeal granted (18 February 2021)
The underlying dispute in this matter involves Mada LLC as the Claimant and Ms. Macy as the Defendant. Following the initial judgment delivered on 6 January 2021, the Defendant sought to challenge the findings of the Small Claims Tribunal.
MURAN v MILIND [2020] DIFC SCT 315 — Enforcement of construction contract payment obligations following defendant non-attendance (06 January 2021)
The dispute arose from a construction and landscaping contract concerning the 'Mansion No. 0' project at the Mui Residences. The Claimant, an engineering and construction firm, sought recovery of unpaid invoices totaling AED 492,764.09, which it alleged remained outstanding under a 'Completion…
MITUL v MURTIL [2023] DIFC SCT 314 — Enforceability of interest clauses in signed invoices (25 October 2023)
The dispute arose from a series of commercial transactions involving the supply of materials by the Claimant, Mitul, to the Defendant, Murtil. The Claimant sought to recover an outstanding balance for goods delivered under three specific purchase orders, alongside accrued interest and court fees.
Ludyani v Lurina [2020] DIFC SCT 314 — Unpaid wages during the Covid-19 pandemic (02 November 2020)
The dispute centered on the failure of the Defendant, a restaurant operating within the DIFC, to remunerate the Claimant for services rendered between June 2020 and mid-August 2020. The Claimant, employed as a Coffee Cook under a contract dated 21 October 2019, ceased receiving her monthly salary…
JIMMA FZ-LLC v JINGA REAL ESTATE [2019] DIFC SCT 314 — Enforceability of annual subscription contracts and opt-in jurisdiction clauses (25 February 2019)
This judgment clarifies the binding nature of irrevocable annual subscription packages and the validity of jurisdiction opt-in clauses within the DIFC Small Claims Tribunal.
MAHENDRAN v MAHFUZ [2021] DIFC SCT 313 — Enforceability of legal fee agreements in the Small Claims Tribunal (16 February 2022)
The Small Claims Tribunal affirms the binding nature of professional service agreements, rejecting a client's attempt to challenge legal fees after acknowledging debt and proposing a payment plan.
Lutiner Bank v Lactone [2020] DIFC SCT 313 — Debt recovery and the limits of financial hardship defenses (25 October 2020)
The dispute centers on a breach of contract claim initiated by Lutiner Bank regarding an unpaid loan facility. The parties entered into a ‘Lutiner Salam Smart Finance Application Form’ on 13 March 2018, under which the bank disbursed funds to the defendant.
LUBEN v LUFINI [2019] DIFC SCT 313 — Apportioning liability for utility arrears amid equipment failure (13 May 2020)
The dispute centered on the recovery of unpaid utility charges for a residential unit within the Sky Gardens development in the DIFC. The Claimant, Luben, sought to recover the full amount of outstanding district cooling bills accrued over the duration of the tenancy agreement.
NAJWA v NAWAF [2024] DIFC SCT 312 — Employment remuneration and penalty claims (18 September 2024)
The Small Claims Tribunal clarifies the calculation of statutory penalties under Article 19 of the DIFC Employment Law and reinforces the prohibition against employers recouping visa costs from employees.