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 an Appeal Court may find the Judge erred by not awarding compensation for rectification costs and the claimant's share of expert fees, both of which are arguably recoverable under the applicable rules and contract law. Permission is refused on the ground relating to financial losses for delay, as this was abandoned by the applicant.

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); refused on third ground.
Legal Topics
Appeal Procedure, Damages for Defective Work, Expert Fees, Small Claims Tribunal Procedure
Contract Law Civil Procedure Appeal Procedure Damages for Defective Work Expert Fees Small Claims Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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 an Appeal Court may find the Judge erred by not awarding compensation for rectification costs and the claimant's share of expert fees, both of which are arguably recoverable under the applicable rules and contract law. Permission is refused on the ground relating to financial losses for delay, as this was abandoned by the applicant.

Court Disposition

Permission to Appeal granted (limited to first and second grounds); refused on third ground.

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.