Normandie V Norris [2024] DIFC SCT 419 (29 July 2024)

Normandie V Norris [2024] DIFC SCT 419 (29 July 2024)

Permission to appeal is granted on the grounds that there is a realistic prospect of success in showing the lower court erred by not awarding compensation for rectification of defective work and not awarding the claimant's share of expert fees, as required by the contract law and procedural rules. Permission is...

Source-derived case information.

Citation
[2024] DIFC SCT 419
Parties
Claimant / Applicant: Normandie; Defendant / Respondent: Norris
Jurisdiction
United Arab Emirates
Judgment Date
29 July 2024
Procedural Posture
Appeal (permission to Appeal Application) / Permission to Appeal Granted (limited Grounds)
Outcome
Permission to appeal granted (limited to first and second grounds); each party to bear own costs of the application.
Legal Topics
Appeal Permission, Damages for Defective Work, Expert Fees, Small Claims Tribunal Procedure
Contract Law Civil Procedure Appeal Permission Damages for Defective Work Expert Fees Small Claims Tribunal Procedure

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Parties

Normandie

Claimant / Applicant

Norris

Defendant / Respondent

Procedural Posture

Appeal (permission to Appeal Application) / Permission to Appeal Granted (limited Grounds)

Legal Issues

  1. 1 Whether the lower court erred in failing to award costs of rectification for defective work
  2. 2 Whether the lower court erred in failing to award the claimant's share of expert fees
  3. 3 Whether the lower court erred in not awarding compensation for financial losses due to delay

Ratio Decidendi

Permission to appeal is granted on the grounds that there is a realistic prospect of success in showing the lower court erred by not awarding compensation for rectification of defective work and not awarding the claimant's share of expert fees, as required by the contract law and procedural rules. Permission is refused on the ground relating to financial losses due to delay, as this was abandoned by the applicant.

Court Disposition

Permission to appeal granted (limited to first and second grounds); each party to bear own costs of the application.

Orders

  • Permission to appeal is granted, limited to the first and second grounds at paragraph 2 a) and b) of the Statement of Appeal.
  • Each party shall bear their own costs of the Application.