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NAJJAR v NASEER [2024] DIFC SCT 315 — Unpaid employment entitlements following corporate insolvency (10 October 2024)
The dispute arose from the cessation of employment of the Claimant, Najjar, who served as a Director Actuarial for the Defendant, Naseer. Following the Defendant’s encounter with severe cash flow issues in July 2024, which ultimately triggered the initiation of insolvency proceedings, the Claimant…
Mada v Ms. Macy [2021] DIFC SCT 315 — Permission to appeal granted (18 February 2021)
The underlying dispute in this matter involves Mada LLC as the Claimant and Ms. Macy as the Defendant. Following the initial judgment delivered on 6 January 2021, the Defendant sought to challenge the findings of the Small Claims Tribunal.
MURAN v MILIND [2020] DIFC SCT 315 — Enforcement of construction contract payment obligations following defendant non-attendance (06 January 2021)
The dispute arose from a construction and landscaping contract concerning the 'Mansion No. 0' project at the Mui Residences. The Claimant, an engineering and construction firm, sought recovery of unpaid invoices totaling AED 492,764.09, which it alleged remained outstanding under a 'Completion…
MITUL v MURTIL [2023] DIFC SCT 314 — Enforceability of interest clauses in signed invoices (25 October 2023)
The dispute arose from a series of commercial transactions involving the supply of materials by the Claimant, Mitul, to the Defendant, Murtil. The Claimant sought to recover an outstanding balance for goods delivered under three specific purchase orders, alongside accrued interest and court fees.
Ludyani v Lurina [2020] DIFC SCT 314 — Unpaid wages during the Covid-19 pandemic (02 November 2020)
The dispute centered on the failure of the Defendant, a restaurant operating within the DIFC, to remunerate the Claimant for services rendered between June 2020 and mid-August 2020. The Claimant, employed as a Coffee Cook under a contract dated 21 October 2019, ceased receiving her monthly salary…
JIMMA FZ-LLC v JINGA REAL ESTATE [2019] DIFC SCT 314 — Enforceability of annual subscription contracts and opt-in jurisdiction clauses (25 February 2019)
This judgment clarifies the binding nature of irrevocable annual subscription packages and the validity of jurisdiction opt-in clauses within the DIFC Small Claims Tribunal.
MAHENDRAN v MAHFUZ [2021] DIFC SCT 313 — Enforceability of legal fee agreements in the Small Claims Tribunal (16 February 2022)
The Small Claims Tribunal affirms the binding nature of professional service agreements, rejecting a client's attempt to challenge legal fees after acknowledging debt and proposing a payment plan.
Lutiner Bank v Lactone [2020] DIFC SCT 313 — Debt recovery and the limits of financial hardship defenses (25 October 2020)
The dispute centers on a breach of contract claim initiated by Lutiner Bank regarding an unpaid loan facility. The parties entered into a ‘Lutiner Salam Smart Finance Application Form’ on 13 March 2018, under which the bank disbursed funds to the defendant.
LUBEN v LUFINI [2019] DIFC SCT 313 — Apportioning liability for utility arrears amid equipment failure (13 May 2020)
The dispute centered on the recovery of unpaid utility charges for a residential unit within the Sky Gardens development in the DIFC. The Claimant, Luben, sought to recover the full amount of outstanding district cooling bills accrued over the duration of the tenancy agreement.
NAJWA v NAWAF [2024] DIFC SCT 312 — Employment remuneration and penalty claims (18 September 2024)
The Small Claims Tribunal clarifies the calculation of statutory penalties under Article 19 of the DIFC Employment Law and reinforces the prohibition against employers recouping visa costs from employees.
LOCHAN v LAGNI [2022] DIFC SCT 312 — Enforcement of educational service contracts and deposit forfeiture (29 September 2022)
The dispute arose from a contractual disagreement between Lochan (the Claimant) and Lagni Arumugam (the Defendant) concerning the enrollment of the Defendant in a three-week makeup course.
LAZARO v LIMON [2020] DIFC SCT 312 — Permission to appeal granted regarding the characterization of warehousing service contracts (08 November 2021)
The underlying dispute concerns the legal classification of an agreement between the Claimant, Lazaro, and the Respondent, Limon. The core of the controversy rests on whether the arrangement between the parties constitutes a lease—which would typically necessitate an Ejari registration—or a service…
LUKTINA v LINKA INTERNATIONAL [2020] DIFC SCT 312 — jurisdictional challenge regarding real property (08 November 2020)
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.
Iokua v The Indu Group [2018] DIFC SCT 312 — Employment salary shortfall and Article 18 penalty adjudication (13 November 2018)
The dispute centered on an employment relationship that soured shortly after the Claimant, Iokua, was hired as Chief Financial Officer. Following his termination on 16 July 2018, Iokua initiated proceedings in the Small Claims Tribunal (SCT) seeking a total of AED 320,000.
LAXMAN v LAJITTI [2021] DIFC SCT 311 — Employment record-keeping obligations and wage recovery (29 December 2021)
The Small Claims Tribunal clarifies the evidentiary burden on employers to maintain consistent payroll and leave records under the DIFC Employment Law, ruling that failure to do so results in the court favoring the claimant’s substantiated salary demands.
ILANA v IVEY GROUP [2018] DIFC SCT 311 — Implied acceptance of salary variations (29 November 2018)
The dispute centered on a total claim of AED 54,472, arising from alleged unlawful salary deductions and unpaid notice-period entitlements. The Claimant, who had been employed by the restaurant operator since 2009, contended that a 20% salary reduction implemented by the employer in 2015 was never…
NAQAASH v NASIK [2024] DIFC SCT 309 — Recovery of salary advance and company property (01 October 2024)
The dispute centered on the Claimant’s attempt to recover a financial advance and physical assets provided to the Defendant during his tenure as a marketing and business development professional.
MUSOB v MAKANI [2023] DIFC SCT 309 — SCT dismissal for lack of jurisdiction (21 November 2023)
The Small Claims Tribunal clarifies the strict necessity of a physical nexus or an express opt-in clause for DIFC Court jurisdiction in investment disputes.
Maddox v Miguel [2021] DIFC SCT 309 — Contractual supremacy of amended agreements (01 February 2022)
The Small Claims Tribunal clarifies the hierarchy of competing contractual instruments, ruling that an amended agreement, once acknowledged by the counterparty, supersedes earlier iterations and dictates the conditions precedent for professional fee recovery.
ITALO LLC v IDELL CONSTRUCTION LLC [2018] DIFC SCT 309 — Enforcement of contractual opt-in jurisdiction for unpaid construction invoices (20 November 2018)
The dispute centered on a series of unpaid invoices arising from a commercial arrangement for the supply of construction machinery. Italo LLC, the Claimant, provided equipment to Idell Construction LLC, the Defendant, under specific hire agreements that stipulated 30-day credit terms.
Nadia v Nabhan [2024] DIFC SCT 308 — Relief from sanctions and permission to appeal in employment disputes (24 October 2024)
The litigation centers on a claim for unpaid end of service benefits following the termination of the Claimant’s employment as Managing Director. The Claimant, Nadia, initiated proceedings against her former employer, Nabhan, seeking a total of AED 277,334.72.
Nadia v Nabhan [2024] DIFC SCT 308 — Employment gratuity and CPI adjustment dispute (29 August 2024)
The dispute centered on the Claimant’s assertion that her employer, Nabhan, had significantly underpaid her terminal benefits following the termination of her employment. The Claimant alleged that the Defendant had unilaterally reduced her pre-DEWS gratuity and monthly DEWS contributions during her…
MUROT v MAHUB [2023] DIFC SCT 308 — Dismissal of appeal for failure to meet procedural filing deadlines (22 November 2023)
The dispute originated from a consumer-style claim filed by Murot against Mahub on 21 August 2023. The Claimant sought a refund for goods that were allegedly purchased but never delivered.
Nashwa v Nashtar [2024] DIFC SCT 307 — Validity of lease renewal after attempted revocation (11 September 2024)
The dispute arose from a change in ownership of a residential unit within the DIFC. The Claimant, Nashwa, had been a tenant under an agreement originally signed with a previous landlord, Nasreen.