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DIWAN CAPITAL AG v DIWAN CAPITAL [2010] DIFC CFI 018 — Pre-incorporation contract liability and Small Claims Tribunal abuse (16 May 2011)

This judgment clarifies the strict requirements for binding a company to pre-incorporation contracts under DIFC law and warns against the abuse of the Small Claims Tribunal for test cases.

Sushant Shukla· ·6 min read
uae-difc-cases

DIWAN CAPITAL v DIWAN CAPITAL AG [2011] DIFC CFI 018 — Procedural validation of appeal (22 March 2011)

The central dispute in this matter concerned the procedural legitimacy of an appeal filed by Diwan Capital Limited against a decision previously rendered in the Small Claims Tribunal (SCT 041/2010).

Sushant Shukla· ·5 min read
uae-difc-cases

DIWAN CAPITAL v DIWAN CAPITAL AG [2010] DIFC CFI 018 — liquidator ratification of unauthorized procedural acts (23 February 2011)

The dispute centered on the validity of an appeal filed by Richard Bushman, the former CEO of Diwan Capital Limited ("Limited"), against a Small Claims Tribunal (SCT) judgment for AED 91,800.

Sushant Shukla· ·5 min read
uae-difc-cases

DIWAN CAPITAL v DIWAN CAPITAL AG [2010] DIFC CFI 018 — Procedural stay pending capacity determination (05 October 2010)

The litigation concerns a dispute between Diwan Capital Limited (in liquidation) and Diwan Capital AG, which reached the Court of First Instance in its capacity as an appellate body reviewing a decision from the Small Claims Tribunal.

Sushant Shukla· ·5 min read
uae-difc-cases

MOHAMMAD KHALID YOUSAF v YUSR ISLAMIC INVESTMENT BANK [2010] DIFC CFI 018 — Procedural directions for employment dispute disclosure (13 January 2010)

The dispute centers on an employment relationship between Mohammad Khalid Yousaf and Yusr Islamic Investment Bank. To facilitate the progression of the claim, the Registrar issued a targeted disclosure order requiring the Defendant to produce internal records that were deemed essential for the…

Sushant Shukla· ·5 min read
uae-difc-cases

MOHAMMAD KHALID YOUSAF v YUSR ISLAMIC INVESTMENT BANK [2009] DIFC CFI 018 — Procedural directions for witness evidence and reconciliation (06 December 2009)

The Registrar’s order in CFI 018/2009 serves as a rigid case management roadmap, ensuring that both the Claimant, Mohammad Khalid Yousaf, and the Defendant, Yusr Islamic Investment Bank, adhere to a structured timeline for the production of evidence.

Sushant Shukla· ·6 min read
uae-difc-cases

MOHAMMAD KHALID YOUSAF v YUSR ISLAMIC INVESTMENT BANK [2009] DIFC CFI 018 — Procedural rectification of pleadings (25 November 2009)

The dispute centered on the Defendant’s attempt to introduce additional matters of fact into the proceedings via an amended defence. The Claimant, Mohammad Khalid Yousaf, resisted this move, characterizing it as a tactical maneuver rather than a necessary clarification.

Sushant Shukla· ·5 min read
uae-difc-cases

MUQQI v MUWAN [2023] DIFC CFI 017 — Security for costs in interlocutory injunction proceedings (23 May 2023)

The lawsuit concerns an application for security for costs filed by the first to eighth defendants against the claimant, Muqqi, in the context of an upcoming injunction hearing. The defendants sought to ensure that any potential adverse costs order could be satisfied, arguing that the claimant was…

Sushant Shukla· ·6 min read
uae-difc-cases

ZENIQ TECHNOLOGIES v RAMZIQ TECHNOLOGIES [2023] DIFC CFI 017 — Withdrawal of legal representation (27 April 2023)

Judicial Officer Maitha Alshehhi grants an application for legal counsel to cease acting for the Claimant, Zeniq Technologies Limited, in complex multi-party proceedings.

Sushant Shukla· ·5 min read
uae-difc-cases

ZENIQ TECHNOLOGIES v RAMZIQ TECHNOLOGIES [2023] DIFC CFI 017 — Court rejects urgency in injunction application (09 March 2023)

The dispute centers on an urgent injunction application filed by Zeniq Technologies Limited against Ramziq Technologies Limited and eight individual defendants. Zeniq sought an expedited hearing to address alleged breaches of statutory, contractual, fiduciary, and equitable duties.

Sushant Shukla· ·5 min read
uae-difc-cases

KAVEH SAMIE v KKR MENA [2021] DIFC CFI 017 — Procedural termination via Notice of Discontinuance (15 April 2021)

The litigation initiated by Kaveh Samie against KKR (MENA) Limited, registered under case number CFI 017/2020, represented a high-stakes commercial dispute within the DIFC jurisdiction.

Sushant Shukla· ·6 min read
uae-difc-cases

RABIH SULTANI v DUET MENA [2013] DIFC CFI 017 — Order to discontinue the claim (21 August 2013)

A procedural resolution of a general litigation dispute in the DIFC Court of First Instance following a consensual settlement between the parties.

Sushant Shukla· ·6 min read
uae-difc-cases

SHIHAB KHALIL v SHUAA CAPITAL [2010] DIFC CFI 017 — Stay of proceedings pending settlement implementation (24 March 2010)

The litigation initiated by Shihab Khalil against Shuaa Capital PSC under case number CFI 017/2009 represented a high-stakes commercial dispute within the DIFC jurisdiction. While the specific underlying causes of action were not detailed in the final order, the procedural history of this matter…

Sushant Shukla· ·6 min read
uae-difc-cases

SHIHAB KHALIL v SHUAA CAPITAL [2010] DIFC CFI 017 — Refusal of permission to appeal regarding shareholder standing (02 March 2010)

The Chief Justice affirms that individual shareholders lack standing to pursue personal claims for corporate mismanagement, reinforcing the primacy of the corporate veil in DIFC commercial litigation.

Sushant Shukla· ·5 min read
uae-difc-cases

SHIHAB KHALIL v SHUAA CAPITAL [2009] DIFC CFI 017 — Procedural deadline for appellate filings (14 December 2009)

The litigation between Shihab Khalil and Shuaa Capital psc involved complex procedural maneuvering within the DIFC Court of First Instance. Following earlier developments in the case, including the [SHIHAB KHALIL v SHUAA CAPITAL [2009] DIFC CFI 017 — Consent order restricting document disclosure…

Sushant Shukla· ·5 min read
uae-difc-cases

SHIHAB KHALIL v SHUAA CAPITAL [2009] DIFC CFI 017 — Jurisdictional boundaries in minority shareholder claims (07 December 2009)

The dispute centers on the Claimant, Shihab Khalil, a minority shareholder in Orion Holding Overseas Ltd (OHO), a company registered within the DIFC. Khalil alleged that the Defendant, Shuaa Capital, which held a 20 percent stake in OHO and exercised management control, engaged in systemic…

Sushant Shukla· ·6 min read
uae-difc-cases

SHIHAB KHALIL v SHUAA CAPITAL [2009] DIFC CFI 017 — Final dismissal and confidentiality restrictions (22 October 2009)

The litigation initiated by Shihab Khalil against Shuaa Capital reached a terminal point on 22 October 2009. Following the review of the Defendant’s application notice filed on 28 September 2009 and the Claimant’s subsequent response dated 7 October 2009, the Court determined that the proceedings…

Sushant Shukla· ·5 min read
uae-difc-cases

SHIHAB KHALIL v SHUAA CAPITAL [2009] DIFC CFI 017 — Consent order restricting document disclosure (02 September 2009)

The dispute between Shihab Khalil and Shuaa Capital, registered under CFI 017/2009, centered on the management and dissemination of sensitive litigation materials. Given the nature of the proceedings, the parties sought to limit the exposure of the Claim Form and associated evidentiary documents to…

Sushant Shukla· ·7 min read
uae-difc-cases

OMAR BEN HALLAM v NATIXIS [2026] DIFC CFI 016 — Judicial refusal to anonymise employment dispute records (25 March 2026)

The dispute concerns an application by the Claimant, Omar Ben Hallam, to have his name removed or replaced with a neutral identifier in the Court’s published judgment dated 19 September 2025. This request followed an earlier, unsuccessful attempt to secure anonymity in the proceedings.

Sushant Shukla· ·5 min read
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OMAR BEN HALLAM v NATIXIS [2026] DIFC CFI 016 — Retrospective application of Practice Direction No. 1 of 2025 regarding employment costs (03 February 2026)

The DIFC Court of First Instance clarifies that the "no-costs" regime introduced for employment disputes does not apply to proceedings where costs orders were issued prior to the Practice Direction's effective date.

Sushant Shukla· ·6 min read
uae-difc-cases

OMAR BEN HALLAM v NATIXIS [2025] DIFC CFI 016 — Strike out of employment claims and immediate judgment on annual leave (19 September 2025)

The litigation arose from the termination of Omar Ben Hallam’s employment with Natixis, which spanned from 19 December 2021 to 24 January 2025. Following his departure, the Claimant initiated a Part 7 claim alleging that his termination was wrongful and that he had been subjected to discriminatory…

Sushant Shukla· ·6 min read
uae-difc-cases

OMAR BEN HALLAM v NATIXIS [2025] DIFC CFI 016 — Strict procedural compliance for retrospective extensions of time (12 June 2025)

The dispute centered on the Claimant’s attempt to secure a retrospective extension of time to file a Reply to the Defence, alongside a request to postpone the Case Management Conference (CMC).

Sushant Shukla· ·5 min read
uae-difc-cases

ATLE SEBJORNSEN v AURUM LEASING [2023] DIFC CFI 016 — Default judgment for USD 1.74 million (17 April 2023)

The dispute concerns a significant financial claim brought by Atle Sebjornsen against Aurum Leasing Limited, totaling USD 1,740,000. While the underlying commercial transaction details remain private, the procedural record confirms that the claimant initiated formal proceedings in the DIFC Court of…

Sushant Shukla· ·6 min read
uae-difc-cases

MAIRE v MAIZAH [2022] DIFC CFI 016 — Liability for unauthorized property alterations (02 June 2022)

The Court of Appeal clarifies tenant liability for property damage resulting from unauthorized installations, overturning a lower court decision regarding a flood caused by a faulty shattāf.

Sushant Shukla· ·6 min read