Latest articles
FATIMA v FURAHA [2015] DIFC SCT 039 — Enforcement of SEO service contract non-payment (28 May 2015)
The Small Claims Tribunal affirms the sanctity of service agreements in the digital sector, ruling that a defendant’s failure to provide necessary cooperation and payment constitutes a fundamental breach, justifying a full award of the contract sum.
Najah v Namine [2024] DIFC SCT 038 — Enforcement of post-termination restrictive covenants (27 March 2024)
The dispute centered on the Claimant’s allegation that its former employee, the Defendant, breached post-termination restrictive covenants by soliciting two key clients—Naima and Nadine—following her move to a competitor firm, Nisa.
EDYTA v EFREN [2014] DIFC SCT 038 — Enforcement of tenancy obligations and eviction protocols (16 July 2014)
The dispute centers on a breach of a residential tenancy contract between the Claimant, a property management entity, and the Defendant, Efren. The Claimant initiated proceedings after the Defendant failed to vacate the premises following the expiration of his lease agreement on 19 February 2014.
NAZIR v NANCY [2024] DIFC SCT 037 — Refusal of permission to appeal following SCT dismissal (14 May 2024)
The litigation originated in the Small Claims Tribunal, where the Claimant, Nazir, sought to recover payment for two outstanding invoices totaling AED 52,500. The claim was predicated on the alleged provision of services under a contract, which the Defendant, Nancy, contested.
LASAKI v LAVESH [2021] DIFC SCT 037 — Dismissal of appeal for failure to meet ARDC 44.19 requirements (28 March 2021)
The Small Claims Tribunal clarifies that an appeal cannot be used to introduce new counterclaims or re-litigate jurisdictional points already adjudicated in the original judgment.
LOGAN v LUCINA [2020] DIFC SCT 036 — Dismissal of employment claims for commission and flight allowance (19 April 2020)
The Small Claims Tribunal clarifies the evidentiary burden required to substantiate variable compensation claims in the absence of clear contractual triggers.
EFFIE v EFRON [2014] DIFC SCT 036 — Small Claims Tribunal dispute over product quality and evidentiary standards (22 June 2014)
The dispute centered on a contract for the purchase of a custom-made, full lace wig. The Claimant, Effie, initiated the transaction after inquiring about product specifications via email.
LAKSHIT v LAKHI RESTAURANT, LOUNGE & BAR [2021] DIFC SCT 035 — Employment claim dismissed due to statutory limitation period (22 April 2021)
The Small Claims Tribunal clarifies the strict application of the six-month limitation period under the DIFC Employment Law, confirming that back-dating termination dates triggers the clock for filing claims.
LOTTER v LETRI [2021] DIFC SCT 034 — SCT dismissal for lack of jurisdictional nexus (15 March 2021)
The Small Claims Tribunal clarifies the strict application of jurisdictional gateways for non-DIFC entities in the absence of an express opt-in clause.
HACKETT v HANIA [2017] DIFC SCT 034 — jurisdictional limits on real property disputes (29 March 2017)
The Small Claims Tribunal clarifies that contractual "opt-in" clauses cannot override mandatory jurisdictional rules regarding real property located outside the DIFC Free Zone.
Linsi v Limda Brokers [2020] DIFC SCT 033 — Employment settlement invalidity and commission recovery (19 May 2020)
The Small Claims Tribunal clarifies the strict statutory requirements for settlement agreements under the DIFC Employment Law, ruling that a failure to ensure independent legal advice renders a waiver of claims unenforceable.
MUBRU v MORUDMORUD [2023] DIFC SCT 031 — Enforcement of unpaid employment entitlements following corporate mismanagement (17 March 2023)
The Small Claims Tribunal affirms the liability of a DIFC-registered entity to satisfy outstanding employment dues, notwithstanding internal corporate governance failures and allegations of financial mismanagement by company leadership.
Madrid v Maeko [2021] DIFC SCT 031 — Ambiguity in employment benefit forfeiture clauses (25 February 2021)
The dispute centered on the Claimant’s demand for unpaid employment benefits following the conclusion of his tenure with the Defendant, a hotel operator based in the DIFC. The Claimant sought a total of AED 2,500, comprising two distinct heads of claim: a flight ticket encashment benefit and an…
JAINAB CONSTRUCTION v JURIEL CONCEPTS INVESTMENT [2019] DIFC SCT 031 — Enforcement of fit-out contract payments (08 April 2019)
The Small Claims Tribunal clarifies the procedural requirements for invoking warranty clauses in construction disputes, ruling that a client cannot withhold payment or claim damages for defects without first granting the contractor a reasonable opportunity to remedy the work.
NEMI v NESSIM [2024] DIFC SCT 030 — Dismissal of employment claims due to statutory limitation (03 May 2024)
The Claimant, Nemi, initiated proceedings against his former employer, Nessim, seeking a total of AED 27,993.60 in unpaid end-of-service benefits. The dispute arose following the Claimant's resignation, with the Claimant asserting that he had completed one year of service, thereby qualifying for…
MARUT v MOSTAR [2023] DIFC SCT 030 — Refusal of permission to appeal in employment salary and reputation dispute (15 May 2023)
The DIFC Court of First Instance clarifies the limits of appellate review for Small Claims Tribunal decisions, affirming that loss of reputation claims are not compensable under DIFC employment law.
MIKLY v MITRO [2023] DIFC SCT 030 — Employer’s failure to substantiate breach of contract claims (30 March 2023)
The dispute originated from an employment relationship governed by an agreement dated 3 March 2022. The Claimant, an employer registered in the DIFC, initiated legal action against the Defendant, a former employee, alleging that the Defendant had breached the terms of her employment through poor…
MERINA v MARWAN [2021] DIFC SCT 030 — Jurisdiction challenge regarding LPO arbitration clauses (01 March 2021)
The dispute centered on a commercial disagreement between a supplier of construction equipment and two contracting entities. The Claimant, Merina, sought recovery of funds allegedly owed for the rental of manlift machines provided to the Defendants, Marwan and Marald.
Efron v Efua [2014] DIFC SCT 030 — Contractual expense reimbursement and res judicata (22 June 2014)
The Small Claims Tribunal clarifies the limits of res judicata and the enforceability of pre-contractual expenses under a formal engagement letter.
Mintil v Mester [2023] DIFC SCT 029 — Employment penalty and administrative fine jurisdiction (16 February 2023)
The Small Claims Tribunal clarifies the limits of judicial authority regarding administrative fines under the DIFC Employment Law and reinforces the necessity of strict evidentiary standards for employment-related damages.
Mubin v Mikrun [2023] DIFC SCT 027 — Employment entitlement dispute following restaurant closure (08 March 2023)
The dispute centers on the employment relationship between Mubin (the Claimant) and Mikrun (the Defendant), a restaurant operator registered within the DIFC. Following the closure of the Defendant’s restaurant by the Dubai Police on 18 January 2023, the Claimant sought to recover a comprehensive…
IBIDUN v IDHANT [2018] DIFC SCT 027 — Jurisdictional dismissal for lack of nexus (29 May 2018)
The dispute centered on a personal loan agreement originally executed in 2007 between the Claimant, a bank, and the Defendant, a Pakistani national. The Claimant sought to recover a balance that had remained dormant for nearly a decade after the Defendant ceased making payments in 2009.
Fergus v Fidelity [2015] DIFC SCT 027 — Enforcing contractual visa cancellation obligations (06 April 2015)
The dispute centered on the failure of the Defendant, Fidelity, to honor a Mutual Termination and Release Agreement signed on 31 December 2014. The Claimants, Fergus and Ferit, had resigned from their respective positions as a business consultant and an administrator.
NOVA v NORRIS [2024] DIFC SCT 025 — Employment entitlement dispute and SCT jurisdictional limits (01 April 2024)
The Small Claims Tribunal clarifies the application of the AED 500,000 jurisdictional cap in employment disputes and the evidentiary requirements for recovering accrued annual leave and business expenses.