Latest articles
George v Gloria Beauty Lounge [2016] DIFC SCT 086 — Employer liability for wrongful absconding reports and Article 18(2) penalties (27 November 2016)
The dispute arose from the termination of the Claimant, a senior hairdresser, following a workplace incident and a subsequent refusal to sign a warning letter. The Claimant initiated proceedings in the Small Claims Tribunal (SCT) to recover various outstanding entitlements and damages resulting…
NATHAN v NAIRN [2024] DIFC SCT 085 — Procedural correction of party identity for litigants in person (21 May 2024)
The dispute before the Small Claims Tribunal (SCT) originated from a contractual agreement between the business entity Narciso and the defendant, Nairn. Upon initiating the claim on 26 February 2024, the individuals behind the business—Nathan and Nessim—filed the documentation in their personal…
LAVANGI v LINEESH [2021] DIFC SCT 085 — Enforcement of early termination penalties in DIFC tenancy contracts (28 April 2021)
The Small Claims Tribunal clarifies the enforceability of contractual early termination penalties and notice requirements under the DIFC Leasing Law No. 1 of 2020.
MADIGAN v MADRA [2022] DIFC SCT 084 — Enforceability of opt-in jurisdiction clauses in the Small Claims Tribunal (28 April 2022)
This judgment confirms the Small Claims Tribunal's authority to enforce contractual 'opt-in' jurisdiction clauses even where both parties are registered outside the DIFC, provided the agreement is clear and express.
LAMONG v LANDRUN [2022] DIFC SCT 083 — Privity of contract and sub-tenancy rights (13 April 2022)
The dispute arose after the Claimant, Lamong, entered into a head lease agreement with a third party, Larue, for his apartment in the Index Tower. Under the terms of this arrangement, Larue was explicitly permitted to sublease the premises.
HATHAI v HANSEL [2017] DIFC SCT 083 — Landlord liability for major maintenance failures (22 May 2017)
The dispute arose from a residential tenancy agreement for a unit within the DIFC, where the Claimant, Hathai, sought damages and the right to terminate the lease early due to a series of unaddressed maintenance defects.
FATEMAH v FARRELL [2014] DIFC SCT 082 — contractor liability for design omissions (09 March 2015)
The dispute arose following a water leakage incident at "The Finch," a premises owned by the Claimant, Fatemah, within the DIFC. The Claimant alleged that the leakage was caused by faulty pipes installed by the Defendant, Farrell, during the execution of MEP works.
JAZMIN v JEREMY CORPORATION [2019] DIFC 081 — Employment expense dispute and Article 18(2) penalties (15 April 2019)
The dispute arose from a former employee’s claim for unpaid travel expenses following the termination of his employment. The Claimant, a former Senior Project Manager, sought to recover a principal sum of AED 13,427.45 in travel expenses, alongside a massive penalty claim calculated under the DIFC…
NINA v NOLAN [2024] DIFC SCT 080 — Enforcement of unpaid wholesale electrical equipment invoices (23 April 2024)
The Small Claims Tribunal affirms that a buyer’s failure to adhere to formal return procedures precludes a defense of non-conforming goods in a breach of contract claim.
FUMNAYA v FULTON [2015] DIFC SCT 079 — Tenancy security deposit adjudication (22 June 2015)
The Small Claims Tribunal clarifies the scope of security deposits in settling end-of-tenancy claims for rent arrears and unit damages.
MIRTHA v MIKHI [2023] DIFC SCT 075 — Enforcement of unsigned hire agreements via performance (28 April 2023)
The dispute centered on a commercial disagreement regarding unpaid invoices for equipment rental services provided by the Claimant, Mirtha, to the Defendant, Mikhi. The Claimant alleged that it had supplied equipment for the Defendant’s project, but the Defendant failed to remit payment despite the…
Lakhi v Lekh Restaurant [2021] DIFC SCT 074 — jurisdictional limits on employment claims (31 March 2021)
The Small Claims Tribunal clarifies the strict jurisdictional boundaries for labour disputes, confirming that employment claims involving non-DIFC entities fall outside the court's remit.
NEVILLE v NORWOOD [2024] DIFC SCT 073 — Employer liability for unpaid wages and leave due to record-keeping failures (06 May 2024)
The Small Claims Tribunal affirms that an employer’s failure to maintain statutory payroll and leave records under the DIFC Employment Law mandates the Court to rely on the employee’s evidence when calculating outstanding entitlements.
Idai v The Idina Restaurant and Bar [2018] DIFC SCT 072 — Employment contract formation and salary delay damages (11 April 2018)
The dispute centered on a former employee’s claim for compensation following a period of professional uncertainty and delayed remuneration. The Claimant, Idai, sought AED 17,000 from The Idina Restaurant and Bar, alleging that the restaurant failed to provide a formal employment contract, subjected…
Ebony v Eelis [2013] DIFC SCT 072 — Employment dispute regarding end-of-service arrears and statutory penalties (16 July 2014)
The dispute arose from the termination of the Claimant, Ebony, who served as the Chief Operating Officer and Global Head of Investment Banking for the Defendant, Eelis. Following his termination on 11 February 2013, the Defendant issued a letter outlining an end-of-service settlement.
IMIRTU v MRAWIN [2023] DIFC SCT 071 — Enforcing contractual notice periods in the Small Claims Tribunal (03 April 2023)
The dispute centered on the termination of a service agreement between Mirtu, a Dubai-based entity, and Mrawin, a company registered in the DMCC. Following the termination of their business relationship in December 2022, Mirtu initiated proceedings to recover outstanding fees linked to the…
NED v NADINE [2024] DIFC SCT 068 — Permission to appeal granted on jurisdictional exclusivity (17 April 2024)
The dispute arises from an employment relationship between the Claimant, Ned, and the Defendant, Nadine. Following an initial ruling by H.E. Justice Maha Al Mheiri on 20 March 2024, which asserted the jurisdiction of the DIFC Small Claims Tribunal over the employment claim, the Defendant sought to…
Luerd Commercial Bank v Ladern [2020] DIFC SCT 068 — jurisdictional limits on digital terms and conditions (04 May 2020)
The Small Claims Tribunal clarifies that a website link to terms and conditions is insufficient to establish DIFC Courts jurisdiction in the absence of an express written agreement.
Lanakila v Lang [2022] DIFC SCT 067 — unauthorized subleasing and overstay in the DIFC (12 May 2022)
The lawsuit centered on a property dispute involving a residential unit in the Sky Gardens building, DIFC. The Claimant, Lanakila, sought to recover possession of the premises and outstanding financial arrears totaling AED 38,836.43 from the First Defendant, Lang, a holiday home management company.
MUQIT v MINUT [2023] DIFC SCT 066 — Setting aside default judgment in the Small Claims Tribunal (30 May 2023)
The dispute originated from a commercial disagreement involving unpaid invoices, which the Claimant, Muqit, sought to recover through the DIFC Courts’ Small Claims Tribunal. The underlying conflict appears to involve the rental of equipment, specifically a generator, and subsequent allegations…
JANIE COMMERCIAL BANK v JINDAS [2019] DIFC SCT 066 — Debt recovery and payment plan disputes (07 March 2019)
The dispute centered on a personal loan agreement entered into on 26 April 2017, under which the Claimant, Janie Commercial Bank, provided the Defendant, Jindas, with a principal sum of AED 170,000.
Lucian v Lathore [2022] DIFC SCT 064 — Dismissal for lack of jurisdiction (18 March 2022)
The Small Claims Tribunal clarifies the strict evidentiary requirements for establishing "opt-in" jurisdiction in the absence of a clear, authorized written agreement.
LAHAHANA v LASSIE [2021] DIFC SCT 064 — jurisdictional dismissal of employment claim (22 March 2021)
The Small Claims Tribunal clarifies the territorial boundaries of DIFC employment jurisdiction, confirming that labour disputes involving non-DIFC entities fall outside the Court's statutory reach.
MAHOR v MAKRUN [2023] DIFC SCT 063 — Employment entitlement dispute regarding commencement date (05 May 2023)
The dispute centered on the Claimant’s assertion that he was entitled to a comprehensive package of end-of-service benefits following his termination on 23 January 2023. The Claimant sought a total of AED 42,501, encompassing unpaid salary, notice period pay, payment in lieu of public holidays, and…