Latest articles
Lenru v Lelan Restaurant [2020] DIFC SCT 015 — Small Claims Tribunal ruling on lease arrears and jurisdictional limits (17 May 2020)
The Small Claims Tribunal clarifies the jurisdictional boundaries of the DIFC Courts regarding non-DIFC entities and enforces contractual rent obligations under a commercial lease agreement.
IZABEL v ISHMAEL CONTRACTING [2018] DIFC SCT 015 — Enforcement of unpaid equipment hire invoices (04 April 2018)
The dispute centered on a series of unpaid invoices for the rental of Mobile Elevated Work Platforms (MEWPs), specifically boom and scissor lifts, provided by the Claimant to the Defendant for various construction sites in Dubai.
MURNAL v MINDI [2023] DIFC SCT 014 — Proactive judicial intervention in party identification (15 March 2023)
The dispute concerns an employment claim initiated by the Claimant, Murnal, against his former employer. Upon filing the Claim Form on 12 January 2023, the Claimant failed to name the corporate entity as the respondent, instead targeting individuals associated with the company’s management and…
LAKSHAMANA v LAMARIA [2022] DIFC SCT 012 — Strict interpretation of contractual forfeiture clauses (01 April 2022)
The Small Claims Tribunal clarifies the high evidentiary threshold required to trigger penalty clauses in real estate sale agreements, emphasizing that a party’s failure to perform does not automatically equate to a "withdrawal" from the contract.
OMID v ORAH [2025] DIFC SCT 011 — Refusal of permission to appeal regarding customs duty liability and rental offsets (22 October 2025)
The dispute originated from a commercial disagreement over the performance of a hire contract for electrical equipment intended for a project in Bahrain. The Claimant, Omid, sought to recover outstanding hire fees and additional costs incurred during the cross-border transit of the equipment.
Eilwyn v Eimear [2014] DIFC SCT 011 — enforcement of beneficiary rights in a property MOU (06 May 2014)
The dispute arose from a real estate transaction involving a Memorandum of Understanding (MOU) signed on 20 November 2013. The Claimant, Eilwyn, acted as a beneficiary under the MOU, which facilitated the sale of the Defendant’s property for a net amount of AED 4,636,000.
NOVIA v NYSA [2024] DIFC SCT 010 — Employer deduction of housing allowance from lump-sum remuneration (02 August 2024)
The DIFC Court of First Instance clarifies that employers cannot unilaterally deduct housing allowances from an employee’s lump-sum salary package simply because the employer provided accommodation, absent an express contractual provision.
NOVIA v NYSA [2024] DIFC SCT 010 — Employer deduction of housing allowance from lump-sum remuneration (10 June 2024)
The dispute centered on the Claimant’s resignation from his position at the Defendant company, Nysa, following a period of significant salary arrears. The Claimant sought recovery of unpaid wages for October, November, and a portion of December 2023, alongside payment in lieu of accrued vacation…
Idra Residential Body Corporate v Mr Isla & Mrs Inez [2018] DIFC SCT 010 — Enforcement of strata levies and late payment penalties (21 March 2018)
The dispute centered on the recovery of unpaid service charges and levy contributions owed by the Defendants, Mr Isla and Mrs Inez, to the Claimant, the Idra Residential Body Corporate.
GAETANO v GAIA [2016] DIFC SCT 010 — Residential tenancy dispute over lease expiration and holdover occupation (03 March 2016)
The dispute centered on the status of a residential tenancy agreement for a unit located within the DIFC following the expiration of a renewed lease on 24 May 2015. The Claimant, Gaetano, sought legal intervention after the Defendant, Gaia, continued to occupy the premises without a formal renewal…
MACIAS v MADESH [2022] DIFC SCT 009 — Employment gratuity and Covid-19 unpaid leave (08 February 2022)
The dispute centered on the final financial settlement due to the Claimant, Macias, following his resignation from his position as a bartender at Madesh. The Claimant initiated proceedings seeking a total of AED 9,400.33, comprising unpaid end-of-service gratuity and compensation for accrued but…
JABULANI FINANCIAL SERVICES v JULISSA CAFE [2019] DIFC SCT 009 — Enforcement of unpaid commercial rent obligations (11 March 2019)
The dispute originated from a commercial tenancy agreement concerning units #1234, 234, and 567 located within the DIFC. The parties had entered into a three-year lease spanning from 1 January 2017 to 31 December 2019, with a total consideration of AED 1,424,000.00.
HANDE HOUSE RESIDENTIAL BODY CORPORATE v HALUK [2017] DIFC SCT 009 — Recovery of service charges and the evidentiary burden for legal fees (13 March 2017)
This judgment clarifies the limitations on a Body Corporate’s ability to recover legal fees from unit owners, emphasizing that such costs must be supported by documented proof of actual expenditure and justification for the services rendered.
MACIA BANK v MABILI [2021] DIFC SCT 008 — Partial recovery of personal loan debt (02 March 2021)
The Small Claims Tribunal clarifies the strict evidentiary and jurisdictional requirements for banking debt recovery, distinguishing between enforceable loan agreements and unsupported credit facilities.
Fedora v The Fawcett [2015] DIFC SCT 008 — Employment benefit adjudication and evidentiary standards (25 March 2015)
The dispute arose from the termination of an employment relationship between the Claimant, Fedora, and the Defendant, The Fawcett LLC. The Claimant alleged that the Defendant failed to comply with the DIFC Employment Law regarding various financial entitlements and benefits.
EDVIN v EDWIGE [2014] DIFC SCT 008 — Breach of Interest Transfer Agreement (17 April 2014)
The dispute arose following the dissolution of a five-year partnership between the Claimant, Edvin, and the Defendant, Edwige. In October 2013, the parties entered into an Interest Transfer Agreement whereby Edvin agreed to purchase Edwige’s interests in their business.
Livana Commercial Bank v Linod [2020] DIFC SCT 007 — jurisdictional bifurcation in banking debt recovery (18 March 2020)
The dispute arose from a series of financial agreements between Livana Commercial Bank (PJSC) and an individual resident in Dubai, Linod. The Claimant initiated proceedings in the Small Claims Tribunal (SCT) to recover outstanding balances stemming from two distinct financial products: a personal…
Hamza v Heidi Law Firm [2017] DIFC SCT 004 — Employment offer withdrawal and conditions precedent (14 February 2017)
The dispute centered on whether the Claimant, a lawyer, had entered into a binding employment contract with the Defendant, a law firm, after receiving an offer letter that was subsequently withdrawn.
LUNIR (MIDDLE EAST) LLP v LUNIAL [2020] DIFC SCT 003 — Liability for court fees following unreasonable conduct (06 May 2020)
The dispute centered on an unpaid invoice for legal services provided by the Claimant, Lunir (Middle East) LLP, to the Defendant, Lunial, pursuant to an Engagement Letter signed on 12 June 2018.
Eileen v Ehud [2014] DIFC SCT 003 — Affirming exclusive jurisdiction over DIFC tenancy disputes (18 May 2014)
The dispute arose from a tenancy agreement for a one-bedroom apartment located within the DIFC. The Claimant, Eileen, sought to recover unpaid rent and secure the eviction of the Defendant, Ehud, following the expiration of their one-year tenancy contract.
GARRISON LLC v GLORIA LLC [2016] SCT 002 — Unlawful occupation and eviction following lease expiry (16 October 2016)
The dispute arose from the Defendant’s refusal to vacate a retail unit located within the DIFC after the underlying lease agreement had expired. The Claimant, Garrison LLC, purchased the premises on 31 March 2016, only to discover that the Defendant, Gloria LLC, remained in possession despite the…
MARCOS v MILLER [2022] DIFC SCT 001 — Enforceability of fixed-fee recruitment agreements and the evidentiary burden for performance guarantees (04 February 2022)
The dispute centers on the non-payment of professional fees for executive search services provided by the Claimant, Marcos, to the Defendant, Miller. The Claimant sought to recover the balance of unpaid invoices for the recruitment of a Group Chief Marketing Officer.
EIMHIR v EIRIK [2014] DIFC SCT 001 — Employment dispute regarding gratuity calculations and discretionary commissions (24 March 2014)
The Small Claims Tribunal clarifies the application of salary-split methodologies in end-of-service gratuity calculations and reinforces the enforceability of discretionary bonus clauses in employment contracts.
Loralia Group v Landen Saudi Company [2018] DIFC ARB 004: The Limits of Public Policy Challenges to Contingency Fee Awards
How the DIFC Courts reinforced the finality of arbitral costs awards against public policy interference. On 23 April 2020, H.E.