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CFI 006/2008 - Order
June 30, 2009 court of first instance - Orders,Orders
Claim No: CFI 006/2008
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
UPON the application for judgment made by the Claimant on 21 June 2009; and
UPON reading the documentation submitted with the application:
IT IS ORDERED THAT:
1. The application for judgment is denied based on the following
a. It is not currently disputed that the letter dated 8 January 2009 from the Defendant to the Claimant was sent within 14 days of service of the claim form, as required by rule 15.8 of the Rules of the DIFC Courts (the "RDC");
b. Pursuant to rule 15.1 of the RDC, a letter can be an admission for the purposes of Part 15 of the Rules; but
c. the letter itself does not constitute an admission. Rather it is an offer to settle the dispute between two parties. The offer to settle is said to be 'Subject to the terms of this letter' and therefore subject to fulfillment of various terms within the letter. Indeed, the letter provides that if the terms are met the defendant 'agrees to settle in full the Amount'. That is, that the settlement is conditional upon the Claimant observing the terms of the letter. One term is said to be that 'OIM acknowledges owing the Amount of the Claim' and whilst it might be considered that this amounts to an admission, it could equally be that such acknowledgment is a term of the agreement to settle, rather than an absolute admission. Due to the nature of the default relief that is being sought, it would not fulfill the Courts' overriding objectives to allow the application in these circumstances.
2. Within 5 days of the date of this Order, the Claimant is to file and serve evidence of the service by FedEx of the claim form on the Defendant.
3. Upon filing and serving evidence of service of the claim form, the Claimant shall, within 28 days, file and serve his Particulars of Claim.
4. This order does not preclude the parties from placing such further information or applications as they think fit before the Court.
