May 21, 2024 SCT - JUDGMENTS AND ORDERS
Claim No: SCT 085/2024
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BETWEEN
(1) NATHAN
(2) NESSIM
Claimants
and
NAIRN
Defendant
ORDER WITH REASONS OF H.E. JUSTICE MAHA AL MHEIRI
UPON this Claim having been called on 26 February 2024 for a Hearing before H.E. Justice Maha Al Mheiri, with the Claimants and the Defendant in attendance
AND PURSUANT TO Rule 4.12 of the Rules of the DIFC Courts
IT IS HEREBY ORDERED THAT:
1. The Claimant’s name in this Claim shall be amended to “NARCISO”.
2. The SCT Registry shall issue an amended Claim Form accordingly.
Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date: 21 May 2024
At: 1pm
SCHEDULE OF REASONS
1. This Claim relates to an agreement signed between Narciso and the Defendant. The Claim Form dated 26 February 2024 in this matter appears to name the Claimants in this claim to be Nathan and Nessim. In review of the Claim Form and the documents filed in support of it, it appears that the Claimants, upon filing the Claim Form, erroneously named the partners of Narciso to be the Claimants in this Claim.
2. The error made by the Claimants within the Claim Form is a common one, and can be attributed to the nature of the Small Claims Tribunal (the “SCT”) insofar as litigants are to represent themselves in their personal capacity, with legal representation being permitted on a conditional basis only subject to authorisation being granted by a judge of the SCT. The SCT’s practice in these circumstances is for the judge presiding over the Consultation or Hearing to discover an error of incorrectly named litigants and recommend that the parties be correctly identified going forward. I have determined that this order be made of my own initiative, due to fact that the Claimants are litigants in person.
3. Therefore, it is hereby ordered that the Claimants’ names are to be amended to reflect the Claimant’s business name, Narciso.
