(1) Fergus (2) Ferit v Fidelity [2015] DIFC SCT 027 (06 April 2015)

Defendant failed to perform its contractual obligation to cancel and transfer Claimants’ visas as agreed, violating Articles 59(1) and 77 of DIFC Contract Law.

Citation: [2015] DIFC SCT 027
Parties: Claimant: Fergus; Claimant: Ferit; Defendant: Fidelity
Jurisdiction: United Arab Emirates
Judgment Date: 06 April 2015
Procedural Posture: Employment Dispute / Final Judgment
Outcome: claim allowed
Legal Topics: Mutual Termination Agreement, Visa Cancellation, Non Performance of Contract

Employment Law Contract Law Mutual Termination Agreement Visa Cancellation Non Performance of Contract

Case Brief

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Parties

Fergus

Claimant

Ferit

Claimant

Fidelity

Defendant

Procedural Posture

Employment Dispute / Final Judgment

Legal Issues

1 Whether the Defendant breached the mutual termination and release agreement by failing to cancel and transfer the Claimants’ visas
2 Whether the Defendant’s alleged financial losses justify non-performance

Ratio Decidendi

Defendant failed to perform its contractual obligation to cancel and transfer Claimants’ visas as agreed, violating Articles 59(1) and 77 of DIFC Contract Law.

Court Disposition

claim allowed

Orders

Defendant shall cancel both Claimants’ visas
Each party shall bear their own costs