Latest articles
MRUTTI v MIKARTIL [2023] DIFC SCT 223 — Breach of settlement agreement and mutual performance obligations (11 August 2023)
The Small Claims Tribunal clarifies the limits of recovery for breach of settlement agreements, emphasizing that a claimant cannot seek damages for non-performance when their own failure to act contributed to the breach.
Idan v Ilaria [2018] DIFC SCT 223 — jurisdictional dismissal for lack of nexus (09 July 2018)
The dispute arose from a "Proposal for Consultancy Services" agreement signed in August 2017 between the Claimant, Idan, and the Defendant, Ilaria. The Claimant was engaged to develop comprehensive Standard Operating Procedure (SOP) manuals for a business entity known as Indigo's Pizza, based in…
IBSEN BANK v IKIRA [2017] DIFC SCT 223 — Dismissal of debt recovery claim due to evidentiary failure and jurisdictional limits (19 March 2018)
The Small Claims Tribunal clarifies the evidentiary burden for financial institutions seeking debt recovery and the necessity of explicit jurisdictional opt-ins for distinct credit products.
Lingham v Lalima [2021] DIFC SCT 222 — SCT jurisdiction over employment claims with high-value counterclaims (29 September 2021)
The dispute arose from the termination of the Claimant, who served as Managing Director for the Defendant, Lalima. The core of the disagreement involved conflicting accounts of the Claimant’s remuneration and allegations of financial misconduct.
LUDIANA v LUCIAN RESTAURANT [2020] DIFC SCT 222 — employment salary claims during the Covid-19 emergency period (25 August 2020)
The dispute centered on an employment relationship governed by a contract dated 16 December 2019. The Claimant, employed in a housekeeping role, sought a total of AED 5,400 in unpaid salary for the period between April and June 2020, alongside allegations regarding the exploitation of his visa.
MIKLAY v MIDHAL [2023] DIFC SCT 221 — Consultancy fee recovery and the allocation of regulatory risk (16 August 2023)
The Small Claims Tribunal clarifies the scope of a consultant’s duty regarding landlord approvals and the enforceability of unpaid invoices under a Consultancy Service Agreement.
IRELYN v IAKOPA [2018] DIFC SCT 221 — Determining client identity in legal fee disputes involving LLPs (09 August 2018)
The dispute centered on the non-payment of legal fees for consultancy services provided by the Claimant, Irelyn FZ LLC, to the Second Defendant, Ituha LLP. The Claimant alleged that it was engaged to provide legal services starting in January 2017, specifically to assist in the removal of a…
Laven v Lavali [2021] DIFC SCT 220 — Dismissal for lack of jurisdiction (18 August 2021)
The dispute centered on a commercial disagreement regarding a purchase order dated 11 June 2020. The Claimant, Laven, sought to recover outstanding sums allegedly owed by the Defendant, Lavali, under this agreement.
MIRKA v MUORT [2023] DIFC SCT 219 — Refusal of permission to appeal against an SCT default order (16 August 2023)
The dispute originated from a claim filed under case number SCT 219/2023, where the Claimant, Mirka, sought financial recovery against the Defendant, Muort. Following an order issued by SCT Judge Delvin Sumo on 14 July 2023, the Defendant sought to overturn the decision by filing an Appeal Notice…
Lashanda v Laune [2021] DIFC SCT 216 — Employment dispute regarding unpaid salary and statutory entitlements (17 August 2021)
The Small Claims Tribunal clarifies the application of Covid-19 emergency measures on unpaid leave and confirms the court’s authority to adjudicate claims based solely on the Claimant’s evidence when the Defendant fails to appear.
ITSUO v INARA HOLDINGS [2018] DIFC SCT 216 — Employment termination and notice period disputes (11 July 2018)
The Claimant, Itsuo, initiated proceedings against Inara Holdings Limited seeking a total of AED 258,000. The claim encompassed several heads of damage arising from his departure, including three months’ notice pay, end-of-service gratuity, payment in lieu of accrued vacation days, and ticket…
LAHU v LADHI [2021] DIFC SCT 214 — Implied acceptance of salary deductions and notice period enforceability (01 September 2021)
The dispute arose following the resignation of the Claimant, an Events Director, who sought a total of AED 122,000.88 in outstanding remuneration and statutory penalties. The claim encompassed a broad range of grievances, including allegations of unlawful salary deductions, insufficient notice…
Miran v Motab [2023] DIFC SCT 213 — Recovery of copyright-infringing profits (16 November 2023)
The dispute originated from the unauthorized distribution of musical content owned by the Claimant, Miran, which had been performed by an artist named Murun. While the Claimant initially sought legal recourse in Saudi Arabia to address the misappropriation of his intellectual property, the…
NORMAND v NESTOR [2024] DIFC SCT 211 — jurisdictional dismissal for lack of nexus (02 July 2024)
The dispute arose from a contractual disagreement between two individuals, Normand and Nestor, both residing in Dubai, concerning an outstanding payment for professional services. The Claimant sought to recover a sum of AED 8,750, which he alleged was owed for a project completed within the Emirate…
MILKIG v MURABOP [2023] DIFC SCT 211 — Default judgment for unpaid employment entitlements (28 November 2023)
The dispute originated from the termination of the Claimant’s employment with the Defendant, a company registered in the DIFC. The Claimant, who commenced his role on 26 May 2022 and concluded on 5 June 2023, sought a total of AED 52,000 covering unpaid salary, annual leave, airfare, gratuity, and…
Limonil v Lundane Technologies [2020] DIFC SCT 211 — Remuneration of directors and shareholders (10 August 2020)
The Claimant, Limonil, initiated proceedings in the Small Claims Tribunal (SCT) seeking a total of USD 37,000 from the First Defendant, Lundane Technologies Ltd, and his co-directors.
JASNI COMMERCIAL BANK v JAHED [2019] DIFC SCT 210 — Debt recovery enforcement in the Small Claims Tribunal (29 May 2019)
The Small Claims Tribunal confirms the enforceability of personal loan and credit card agreements where the defendant admits the debt but cites personal financial hardship as a mitigating factor.
Halvar v Hana [2016] DIFC SCT 210 — Real property jurisdiction and the limits of opt-in clauses (22 January 2017)
The Small Claims Tribunal clarifies that contractual opt-in clauses cannot confer jurisdiction upon the DIFC Courts for disputes involving real property located outside the DIFC, overriding party autonomy in favor of statutory territorial restrictions.
NILDA v NIXIE [2024] DIFC SCT 209 — Enforcement of settlement agreements and unpaid cheques (09 August 2024)
The dispute arose from a failed commercial arrangement where Nilda had placed a purchase order with Nixie on 9 September 2022 for goods totaling AED 671,500.07. Following a series of advance payments by Nilda, Nixie failed to fulfill the order, supplying only a fraction of the materials.
MOJITA v MOCKA RESTAURANT [2023] DIFC SCT 207 — Employer prohibition on recouping visa costs (28 July 2023)
The dispute centered on the Claimant’s resignation during her probationary period and the subsequent refusal by the Defendant to settle her final entitlements. The Claimant sought recovery of unpaid tips and payment in lieu of accrued public holidays, alongside a mandatory order for the Defendant…
MAB v MACE [2023] DIFC SCT 206 — Construction dispute over snagging and defective works (25 December 2023)
The Small Claims Tribunal clarifies the contractual obligations of contractors regarding snagging procedures and the assessment of damages for defective construction works.
NAATHIM v NABEEL AND NASRULLAH [2024] DIFC SCT 205 — Permission to appeal regarding personal liability for corporate contractual obligations (16 October 2024)
The dispute originated from a "Licence to Occupy" agreement intended to facilitate the operation of a coffee shop by a business entity named "Nadid." The Claimant, Naathim, alleged that she had personally paid AED 75,000 in cash to the Second Defendant, Nasrullah, as a rental deposit for the…
NAATHIM v NABEEL AND NASRULLAH [2024] DIFC SCT 205 — Evidentiary standards for cash payments in tenancy disputes (06 September 2024)
The dispute centered on a failed commercial tenancy arrangement for a kiosk, where the Claimant, Naathim, alleged she had paid AED 75,000 in cash to the Second Defendant (a property management company) for rent and an additional AED 10,000 to the First Defendant (her former employer) as a…
Mubhil v Mirbif [2023] DIFC SCT 204 — Dismissal of application to set aside default order due to procedural delay (14 December 2023)
This Small Claims Tribunal order clarifies the strict temporal requirements for setting aside default judgments, emphasizing that a party’s internal administrative failures or personal absences do not excuse a 139-day delay in filing under RDC 53.35.