Normand v Nathaniel [2024] DIFC SCT 125 (24 September 2024)

Normand v Nathaniel [2024] DIFC SCT 125 (24 September 2024)

Permission to appeal is granted because the Claimant is not a party to the Concession Agreement, there is no evidence of assignment or subrogation of rights, and the Judge's findings on standing and liability were wrong in law. The appeal has a real prospect of success on these grounds.

Citation
[2024] DIFC SCT 125
Parties
Claimant/respondent: Normand; Defendant/applicant: Nathaniel
Jurisdiction
United Arab Emirates
Judgment Date
15 August 2024
Procedural Posture
Appeal (permission to Appeal Application) / Permission to Appeal Granted at First Instance
Outcome
Permission to appeal granted to the Defendant.
Legal Topics
Privity of Contract, Assignment of Contractual Rights, Corporate Personality, Standing, Appeal Procedure
Contract Law Corporate Law Civil Procedure Privity of Contract Assignment of Contractual Rights Corporate Personality Standing Appeal 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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Normand

Claimant/respondent

Nathaniel

Defendant/applicant

Procedural Posture

Appeal (permission to Appeal Application) / Permission to Appeal Granted at First Instance

Legal Issues

  1. 1 Whether the Claimant has standing to enforce the Concession Agreement against the Defendant
  2. 2 Whether the Claimant is a party to the Concession Agreement or has acquired rights by assignment or subrogation
  3. 3 Whether the Settlement Agreement bars the Claimant's claim

Ratio Decidendi

Permission to appeal is granted because the Claimant is not a party to the Concession Agreement, there is no evidence of assignment or subrogation of rights, and the Judge's findings on standing and liability were wrong in law. The appeal has a real prospect of success on these grounds.

Court Disposition

Permission to appeal granted to the Defendant.

Orders

  • The PTA Application is granted.
  • The costs of the PTA Application shall be costs in the appeal.