March 15, 2023 SCT - JUDGMENTS AND ORDERS
Claim No: SCT 014/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BETWEEN
MURNAL
Claimant
and
(1) MINDI
Defendants
ORDER WITH REASONS OF H.E. JUSTICE MAHA AL MHEIRI
UPON this Claim having been called on 6 March 2023 for a Hearing before H.E. Justice Maha Al Mheiri, with the Claimant and the Defendants in attendance
AND PURSUANT TO Rule 4.12 of the Rules of the DIFC Courts
IT IS HEREBY ORDERED THAT:
1. The Defendant’s name in this Claim shall be amended to “Mindi”.
2. The case title shall be amended to reflect the parties’ names as set out in paragraph 1 above.
Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date: 15 March 2023
At: 11am
SCHEDULE OF REASONS
1. This Claim relates to an employment dispute between the Claimant and his former employer, Mindi. The Claim Form dated 12 January 2023 in this matter appears to name the Defendants in this claim to be Mithur, a director of Mindiand Muchla, a shareholder of Mindi. In review of the Claim Form and the documents filed in support of it, it appears that the Claimant, upon the filing the Claim Form, erroneously named both a director and shareholder of his former employer to be the Defendants in this Claim.
2. The error made by the Claimant 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 explained this to the parties, and have determined that this order be made of my own initiative, due to fact that the Claimant faces a barrier with the legal proceedings.
3. Therefore, it is hereby ordered that the Defendant’s name is to be amended to reflect the Claimant’s former employer, Mindi.
