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FILIB v FIFI [2014] DIFC SCT 092 — Enforcement of unpaid strata service charges (23 February 2015)

The dispute concerned the recovery of unpaid service charges for a residential unit within the Filib building in the DIFC. The Claimant, a body corporate established under the DIFC Strata Title Law, initiated proceedings against the Defendant, Fifi, for failing to settle invoices covering the…

Sushant Shukla· ·5 min read
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Lucina v Lindae Solutions [2020] DIFC SCT 091 — Breach of contract and refund of management fees (23 April 2020)

The dispute centered on the alleged failure of Lindae Solutions to perform obligations under a Pre-Opening Management Service Agreement intended to launch a café concept in Saudi Arabia.

Sushant Shukla· ·5 min read
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Lexie v Lottie [2022] DIFC SCT 090 — Property dispute regarding illegal subleasing and refund of rental payments (27 May 2022)

The Claimant, Lexie, initiated proceedings against two defendants, Lottie and Lettie, following the termination of her occupancy in a unit within the DIFC. The dispute centered on the Claimant’s demand for a refund of rent covering the unexpired portion of her sublease and the return of her…

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

MURKAN v MISHTI [2023] DIFC SCT 089 — Clarifying the definition of 'Wage' in employment leave calculations (03 July 2023)

The dispute arose from the termination of an employment contract between the Claimant, Murkan, and the Respondent, Mishti. The Claimant initiated proceedings in the Small Claims Tribunal (SCT) alleging that the Respondent failed to fulfill various post-termination obligations, including the…

Sushant Shukla· ·5 min read
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Migni v Merrup [2023] DIFC SCT 089 — Employment entitlements and counterclaim adjudication (03 May 2023)

The dispute centered on the final settlement of an employment relationship between Migni (the Claimant) and Merrup (the Defendant), a laundry and dry-cleaning entity. Following a contentious resignation and allegations of breach of confidentiality, the Claimant sought a total of AED 2,723.04 in…

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

Ianthia Contracting v Iziah Contracting [2018] DIFC SCT 089 — jurisdictional challenge regarding arbitration clauses (04 April 2018)

The dispute arose from a subcontract agreement concerning the supply and installation of an "HDPE Liner." Ianthia Contracting LLC, a company licensed in Abu Dhabi, initiated proceedings against Iziah Contracting LLC, a Dubai-based entity, seeking recovery of outstanding payments.

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

LIV v LEANNA [2022] DIFC SCT 088 — Enforcement of brokerage commission terms (27 May 2022)

The Small Claims Tribunal clarifies the primacy of written Broker Agreements over subsequent verbal negotiations in real estate commission disputes.

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

Linee Commercial Bank v Levon [2020] DIFC SCT 088 — jurisdictional bifurcation of banking products (03 May 2020)

The dispute centered on the Claimant’s attempt to recover outstanding arrears from the Defendant, Levon, arising from two distinct financial products: a personal loan and a MasterCard Gold Credit Card. The Claimant sought a total recovery of AED 159,553.55, split between the two products.

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

MIKRA v MOWAT [2023] DIFC SCT 087 — Judicial correction of misnamed parties in a broker dispute (21 June 2023)

The dispute originated from a contractual disagreement regarding commission payments for real estate development services. The Claimant, identified as Mikra, sought to enforce terms against the Respondent, Mowat, based on a written Broker Agreement.

Sushant Shukla· ·5 min read
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INGEMAR INTERIORS v IOLANA RESTAURANTS [2018] DIFC SCT 087 — Fit-out contract dispute and delay penalty adjudication (07 May 2018)

The dispute centered on a Fit-Out Agreement for a restaurant located within the DIFC. The Claimant, Ingemar Interiors, sought payment for a final invoice of AED 73,869.47, alongside additional claims for damages.

Sushant Shukla· ·5 min read
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HARISH v HAUKEA LIMITED [2017] DIFC SCT 087 — Enforceability of advance commission repayment and post-termination conduct (15 June 2017)

The dispute centered on a complex web of employment-related claims and counterclaims following the resignation of the Claimant, Harish, on 23 January 2017. The Claimant initially filed for AED 71,677.99, but subsequently amended his claim to a total of AED 363,141.00.

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

LUDEN COMMERCIAL BANK v LIEDA [2020] DIFC SCT 086 — Jurisdictional limits on bank debt recovery (30 April 2020)

The Small Claims Tribunal clarifies that a contractual opt-in clause for a personal loan does not automatically extend to separate credit card products, resulting in a partial dismissal of the bank’s recovery claim.

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

IBHAR v IVANNA [2018] DIFC SCT 086 — Tenancy dispute over notice periods and prorated rent (23 April 2018)

This Small Claims Tribunal judgment clarifies the evidentiary weight of electronic communication in establishing notice to vacate and the enforceability of negotiated rent extensions in the absence of a formal renewal contract.

Sushant Shukla· ·5 min read
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George v Gloria Beauty Lounge [2016] DIFC SCT 086 — Employer liability for wrongful absconding reports and Article 18(2) penalties (27 November 2016)

The dispute arose from the termination of the Claimant, a senior hairdresser, following a workplace incident and a subsequent refusal to sign a warning letter. The Claimant initiated proceedings in the Small Claims Tribunal (SCT) to recover various outstanding entitlements and damages resulting…

Sushant Shukla· ·5 min read
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NATHAN v NAIRN [2024] DIFC SCT 085 — Procedural correction of party identity for litigants in person (21 May 2024)

The dispute before the Small Claims Tribunal (SCT) originated from a contractual agreement between the business entity Narciso and the defendant, Nairn. Upon initiating the claim on 26 February 2024, the individuals behind the business—Nathan and Nessim—filed the documentation in their personal…

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

LAVANGI v LINEESH [2021] DIFC SCT 085 — Enforcement of early termination penalties in DIFC tenancy contracts (28 April 2021)

The Small Claims Tribunal clarifies the enforceability of contractual early termination penalties and notice requirements under the DIFC Leasing Law No. 1 of 2020.

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

MADIGAN v MADRA [2022] DIFC SCT 084 — Enforceability of opt-in jurisdiction clauses in the Small Claims Tribunal (28 April 2022)

This judgment confirms the Small Claims Tribunal's authority to enforce contractual 'opt-in' jurisdiction clauses even where both parties are registered outside the DIFC, provided the agreement is clear and express.

Sushant Shukla· ·5 min read
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LAMONG v LANDRUN [2022] DIFC SCT 083 — Privity of contract and sub-tenancy rights (13 April 2022)

The dispute arose after the Claimant, Lamong, entered into a head lease agreement with a third party, Larue, for his apartment in the Index Tower. Under the terms of this arrangement, Larue was explicitly permitted to sublease the premises.

Sushant Shukla· ·5 min read
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HATHAI v HANSEL [2017] DIFC SCT 083 — Landlord liability for major maintenance failures (22 May 2017)

The dispute arose from a residential tenancy agreement for a unit within the DIFC, where the Claimant, Hathai, sought damages and the right to terminate the lease early due to a series of unaddressed maintenance defects.

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

FATEMAH v FARRELL [2014] DIFC SCT 082 — contractor liability for design omissions (09 March 2015)

The dispute arose following a water leakage incident at "The Finch," a premises owned by the Claimant, Fatemah, within the DIFC. The Claimant alleged that the leakage was caused by faulty pipes installed by the Defendant, Farrell, during the execution of MEP works.

Sushant Shukla· ·5 min read
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JAZMIN v JEREMY CORPORATION [2019] DIFC 081 — Employment expense dispute and Article 18(2) penalties (15 April 2019)

The dispute arose from a former employee’s claim for unpaid travel expenses following the termination of his employment. The Claimant, a former Senior Project Manager, sought to recover a principal sum of AED 13,427.45 in travel expenses, alongside a massive penalty claim calculated under the DIFC…

Sushant Shukla· ·5 min read
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NINA v NOLAN [2024] DIFC SCT 080 — Enforcement of unpaid wholesale electrical equipment invoices (23 April 2024)

The Small Claims Tribunal affirms that a buyer’s failure to adhere to formal return procedures precludes a defense of non-conforming goods in a breach of contract claim.

Sushant Shukla· ·5 min read
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FUMNAYA v FULTON [2015] DIFC SCT 079 — Tenancy security deposit adjudication (22 June 2015)

The Small Claims Tribunal clarifies the scope of security deposits in settling end-of-tenancy claims for rent arrears and unit damages.

Sushant Shukla· ·5 min read
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MIRTHA v MIKHI [2023] DIFC SCT 075 — Enforcement of unsigned hire agreements via performance (28 April 2023)

The dispute centered on a commercial disagreement regarding unpaid invoices for equipment rental services provided by the Claimant, Mirtha, to the Defendant, Mikhi. The Claimant alleged that it had supplied equipment for the Defendant’s project, but the Defendant failed to remit payment despite the…

Sushant Shukla· ·5 min read