June 13, 2023 SCT - JUDGMENTS AND ORDERS
Claim No. SCT 097/2024
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum,
Ruler of Dubai
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BEFORE H.E. JUSTICE NASSIR AL NASSER
BETWEEN
NADIA
Claimant
and
NEVILLE
Defendant
| Hearing : | 11 June 2024 |
|---|---|
| Judgment : | 13 June 2024 |
JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPON this Claim being filed on 4 March 2024
AND UPON a hearing having been held before H.E. Justice Nassir Al Nassir on 11 June 2024, with the Claimant’s representative and the Defendant in attendance
AND UPON reviewing the documents and evidence filed and recorded on the Court file
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant the total sum of AED 31,808.70.
2. The Defendant shall pay the Claimant the DIFC Courts’ filing fees AED 1,590.43.
Issued by:
Delvin Sumo
SCT Judge and Assistant Registrar
Date of issue: 13 June 2023
At: 12pm
SCHEDULE OF REASONS
The Parties
1. The Claimant is Nadia (the “Claimant”), a company registered and located in Abu Dhabi, UAE.
2. The Defendant is Neville (the “Defendant”), an individual residing at Jumeirah Bay, Dubai, UAE.
Background and the Preceding History
3. The underlying dispute arises over an unpaid invoice for legal services rendered by the Claimant to the Defendant, pursuant to an Engagement Letter dated 10 January 2024 (the “Agreement”).
4. On 4 March 2024, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking the payment of unpaid invoice in the sum of AED 31,808.70.
5. On 17 April 2024, the Defendant filed an acknowledgement of service with the intention to defend part of the claim.
6. On 7 and 14 May 2024, a Consultation was held before H.E. Justice Maha Al Mehairi, which the Defendant attended, but the parties were unable to reach a settlement.
7. In line with the rules and procedures of the SCT, this matter was referred to me for determination, pursuant to a hearing held on 11 June 2024, which the Claimant’s representative and the Defendant attended.
The Claim
8. The Claimant submits that it conducted legal services to the Defendant which amounted to the sum of AED 31,185.00, plus interest to the sum of AED 623.70. The interest is calculated at 2% per calendar month from the due date of the invoice up until the date of filing.
9. The Defendant does not deny the invoice. However, he submits that he will make a partial payment only due to dissatisfaction with the work done and because he has not used the agreement drafted by the Claimant as part of the legal services provided. The partial payment offered amounts to the sum of AED 15,000.
Finding
10. The claim falls under the jurisdiction of the DIFC in accordance with the Agreement at clause 7:
“Governing Law and Disputes
Our relationship, and any disputes arising out of it between us, shall be governed by construed in accordance with the laws of England and Wales.
In the event of a dispute, such dispute shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.
Where that dispute relates to a claim for a sum within the limits specified by the DIFC Small Claims Tribunal from time to time, then the dispute shall be referred by either party to the DIFC SCT.”
11. The terms of business provide the following:
“FEES
a) Computation
Time
The manner in which Nadia charges fees to clients for legal advise and legal services is by reference to an hourly Dirham rate (pegged to the USD at the rate of 3.675) for the amount of time spent by each lawyer on an assignment. The hourly rate are currently as follows:
12. The Claimant has provided the invoice which provides the description of the work done and the hourly rate. Therefore, the Defendant’s argument that he is not satisfied or has not used the provided agreement is not valid.
13. I find that the Claimant has already done the work for the Defendant. Whether the Defendant requested amendments to the work provided by the Claimant, or decided not to make use of the drafted contract altogether is irrelevant; the Claimant is owed the agreed fee for the time spent on the work delivered.
14. Therefore, I find that the Defendant shall pay the Claimant the total sum of AED 31,808.70.
15. In addition, I find that the Defendant shall pay the Claimant the court fees to the sum of AED 1,590.43.
