Mahendran v Mahfuz [2021] DIFC SCT 313

February 16, 2022 SCT - JUDGMENTS AND ORDERS

Claim No. SCT 313/2021

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 SCT JUDGE DELVIN SUMO

BETWEEN

MAHENDRAN

Claimant

and

MAHFUZ

Defendant

Hearing :	8 February 2022
Judgment :	16 February 2022

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JUDGMENT OF SCT JUDGE DELVIN SUMO

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UPON the Claim Form being filed on 25 October 2021

AND UPON a Hearing having been listed before SCT Judge Delvin Sumo on 8 February 2022 with the Claimant’s representative in attendance and the Defendant failing to appear although served notice of the Claim

AND UPON reviewing all documents submitted on the Court file

IT IS HEREBY ORDERED THAT:

1. The Defendant shall pay the Claimant the sum of AED 195,609.13 (the “Amount”).

2. The Defendant shall pay the Claimant the DIFC Courts’ filing fee in the sum of AED 9,780.45.

3. In the event the Defendant fails to comply with Paragraph 1 within 21 days from the date of this Order, interest at the rate of 9% per annum, pursuant to Practice Direction No 4 of 2017 (Interest on Judgments) will accrue on the Amount from the date of filing this Claim until the date of full payment.

4. There be no order as to costs.

Issued by:
Ayesha Bin Kalban
SCT Deputy Registrar
Date of Issue: 16 February 2022
At: 12pm

THE REASONS

The Parties

1. The Claimant is Mahendran (hereafter “the Claimant”), a Law firm registered in DIFC, Dubai, UAE.

2. The Defendant is Mahfuz (hereafter “the Defendant”), an individual residing in Riyadh, Saudi Arabia.

Background and the Preceding History

3. The underlying dispute arises over alleged unpaid invoices for legal services and the scope of work set out in the letter of engagement dated 8 October 2019 (the “Agreement”) confirmed between the parties through an email dated 14 October 2019.

4. On 25 October 2021, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) claiming the sum of AED 195,609.13 to be paid to the Claimant by the Defendant for legal services rendered to him.

5. On 22 November 2021, the Defendant filed an acknowledgment of service setting out his intention to contest the jurisdiction of the DIFC Courts.

6. On 27 December 2021, a jurisdiction hearing was held before H.E. Justice Nassir Al Nasser, pursuant to which he determined that the DIFC Courts have jurisdiction to hear and determine this Claim (the “Jurisdiction Order”).

7. The matter was called for a Consultation before SCT Judge Ayman Mahmoud Saey on 20 January 2022. Although both of the parties were in attendance, they failed to reach a settlement.

8. In accordance with the rules and the procedures of the SCT, the matter was referred to me for determination, pursuant to a hearing held on 8 February 2022 (the “Hearing”). After reviewing all documents and evidence submitted on the Court file, I give my judgment below.

The Facts

9. On 14 October 2019, the parties entered into an Agreement whereby the Defendant agreed to retain the services of the Claimant to provide specific legal services relating a family law matter concerning divorce and custody proceedings in the UAE (the “Services”).

10. Pursuant to Article 4 of the Agreement, the Claimant charged the Defendant a professional fee (the “Fees”) to perform the Services as set out below:

“We will calculate our fees on a time-spent basis and by refer