LITT
Try LITT free
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINUM [2022] DIFC TCD 009 — Procedural stay and cost disclosure sequencing (21 January 2022)
The dispute centered on the timeline for the Defendant, Reem Emirates Aluminum, to file evidence in reply concerning Application 11, which had been previously set for 11 January 2022.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINUM [2022] DIFC TCD 009 — Procedural adjustments for amended counterclaims (12 January 2022)
Justice Lord Angus Glennie grants leave for the amendment of particulars of counterclaim and permits the late service of a reply witness statement in this ongoing construction dispute.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Consolidation and procedural directions (18 November 2021)
The litigation involves a complex construction dispute between Five Real Estate Development LLC (the Claimant) and Reem Emirates Aluminium LLC (the Defendant). The matter centers on contractual obligations and performance issues typical of large-scale development projects, which have necessitated…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINUM [2021] DIFC TCD 009 — Dismissal of second application for permission to appeal (25 October 2021)
Justice Lord Angus Glennie dismisses a second attempt to appeal a strike-out refusal, affirming the high threshold for challenging interlocutory procedural decisions in construction disputes.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of second application for permission to appeal (24 October 2021)
The dispute arises from a construction contract between Five Real Estate Development LLC (the Claimant) and Reem Emirates Aluminum LLC (the Defendant). The Claimant sought to strike out the Defendant’s counterclaim, an application that was rejected by Justice Sir Richard Field in an order dated 31…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Refusal of stay pending appeal (20 October 2021)
The Technology and Construction Division confirms that procedural delays and the potential for wasted costs justify the refusal of a stay of an immediate judgment application, even where a parallel appeal is pending.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Procedural directions on cost assessment challenges (22 September 2021)
The litigation concerns two distinct applications filed by Five Real Estate Development LLC (the Claimant) seeking to set aside orders issued by the Deputy Registrar on 18 July 2021.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of application for permission to appeal (22 August 2021)
The litigation arises from a construction dispute where the parties were subject to an Engineer’s Determination regarding payment obligations. The Claimant, Five Real Estate Development, sought to strike out the Defendant’s counterclaim, arguing that the Defendant was bound by the figures set out…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of second permission to appeal (29 July 2021)
The litigation between Five Real Estate Development and Reem Emirates Aluminium originated as a construction dispute within the Technology and Construction Division. The Claimant sought to pursue various claims against the Respondent, which were subsequently met with a successful strike-out…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Default Costs Certificate (28 July 2021)
The dispute concerns the recovery of legal costs incurred during the underlying litigation between Five Real Estate Development LLC and Reem Emirates Aluminium LLC. Following the progression of the substantive matter, the Defendant sought to recover its costs through the formal assessment process.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of appeal against strike out and amendment nullification (08 June 2021)
The litigation originated from a construction dispute where the Claimant, Five Real Estate Development, sought to amend its Particulars of Claim to include new heads of loss, specifically an indemnity claim regarding project owner liabilities and damages for construction defects.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — The limits of res judicata in FIDIC-based construction disputes (31 May 2021)
The litigation centers on a Sub-Contract Agreement dated 29 May 2018, governed by the 1999 FIDIC Conditions of Contract. The Claimant, Five Real Estate Development, originally sought AED 7,744,388.00 from the Defendant, Reem Emirates Aluminium, based on an Engineer’s Determination dated 5 March…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Immediate judgment on FIDIC-based claims (04 May 2021)
The DIFC Court of First Instance clarifies the limits of challenging an Engineer’s Determination under a FIDIC 1999 contract, granting immediate judgment where the claimant’s arguments contradict the underlying certified figures.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Leave to file counterclaim (02 February 2021)
The dispute arises from a construction-related disagreement between Five Real Estate Development LLC and Reem Emirates Aluminium LLC. While the underlying merits of the construction contract remain the subject of the broader TCD 009/2020 proceedings, the immediate point of contention was the…
BROGAN MIDDLE EAST SCAFFOLDING v ARABTEC CONSTRUCTION [2021] DIFC TCD 008 — Default judgment for construction services (10 May 2021)
The dispute centered on a commercial claim for outstanding payments related to specialized construction services. Brogan Middle East Scaffolding LLC initiated the action against Arabtec Construction LLC to recover funds owed for the provision of installation and dismantling services, as well as the…
BROGAN MIDDLE EAST SCAFFOLDING CONTRACTING v ARABTEC CONSTRUCTION [2020] DIFC TCD 008 — Procedural consolidation and TCD transfer mechanics (25 November 2020)
The Registrar’s order clarifies the procedural pathway for construction disputes filed in the Technology and Construction Division (TCD) when parallel proceedings exist in the Court of First Instance (CFI).
GHAZI ABDULLAH NASSER AL-SAQABI v MERRILL LYNCH INTERNATIONAL [2022] DIFC TCD 006 — procedural extension for filing defence (15 March 2022)
The Technology and Construction Division grants a critical procedural extension to the First Defendant, resetting the timeline for the filing of the Defence in a complex multi-party dispute.
SSANGYONG-BESIX v FIRST ABU DHABI BANK [2020] DIFC TCD 004 — Procedural scheduling for construction dispute preliminary issue (30 September 2020)
The litigation involves a joint venture, Ssangyong-Besix, comprised of Ssangyong Engineering & Construction Co., Ltd (Dubai Branch) and Belhasa Six Construct Company LLC, acting as the Claimant. The Respondent is First Abu Dhabi Bank PJSC.
RAFID GOURMET INVESTMENT IN COMMERCIAL ENTERPRISES v DIF INTERIOR DECORATION CO [2023] DIFC TCD 003 — Finality of judgment and procedural compliance (07 September 2023)
This order addresses the limits of judicial reconsideration post-judgment, confirming that perfected orders cannot be amended to include evidence omitted during the trial phase.
RAFID GOURMET INVESTMENT IN COMMERCIAL ENTERPRISES v DIF INTERIOR DECORATION CO [2023] DIFC TCD 003 — Breach of fit-out contract and milestone payment disputes (16 August 2023)
The litigation centered on a fit-out contract for the OPSO Café at the Dubai Mall, where the Claimant, Rafid Gourmet Investment, sought damages following the Defendant’s, DIF Interior Decoration, failure to complete the works by the agreed deadline of 31 December 2021.
RAFID GOURMET INVESTMENT IN COMMERCIAL ENTERPRISES v DIF INTERIOR DECORATION CO [2023] DIFC TCD 003 — Consent order amending case management timelines (25 May 2023)
A procedural recalibration in the Technology and Construction Division following the rescheduling of trial dates and the omission of progress monitoring requirements.
RAFID GOURMET INVESTMENT v DIF INTERIOR DECORATION [2023] DIFC TCD 003 — Consent Order for Amended Pleadings (19 May 2023)
A procedural consent order issued by the Technology and Construction Division facilitating the refinement of pleadings in a construction dispute between Rafid Gourmet Investment and DIF Interior Decoration.
RAFID GOURMET INVESTMENT IN COMMERCIAL ENTERPRISES v DIF INTERIOR DECORATION CO [2023] DIFC TCD 003 — Procedural compliance in application filings (29 March 2023)
The dispute centers on a procedural misstep during the litigation of Claim No. TCD 003/2022. The Claimant, Rafid Gourmet Investment In Commercial Enterprises & Management LLC, had previously filed an application for immediate judgment on 13 February 2023.
VISION INVESTMENT AND HOLDINGS v MAHDI AMJAD [2022] DIFC TCD 003 — Case Management Order (24 November 2022)
A comprehensive procedural roadmap establishing the litigation lifecycle for a Technology and Construction Division dispute, mandating strict adherence to RDC disclosure and expert evidence protocols.