Gilmore Associates Limited v Giulia Limited [2016] DIFC SCT 002 (31 May 2016)

Gilmore Associates Limited v Giulia Limited [2016] DIFC SCT 002 (31 May 2016)

Claimant was entitled to payment for substantiated invoices at agreed rates; Claimant had legal right to suspend services for overdue payment; Defendant was entitled to terminate contract with proper notice; reductions applied for unsubstantiated or duplicate invoicing.

Citation
[2016] DIFC SCT 002
Parties
Claimant: Gilmore Associates Limited; Defendant: Giulia Limited
Jurisdiction
United Arab Emirates
Judgment Date
31 May 2016
Procedural Posture
Small Claims Tribunal / Final Judgment
Outcome
Claim partly allowed; counterclaim dismissed
Legal Topics
Consultancy Agreements, Fee Disputes, Termination of Contract, Suspension of Services
Contract Law Consultancy Agreements Fee Disputes Termination of Contract Suspension of Services

Case Brief

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Parties

Gilmore Associates Limited

Claimant

Giulia Limited

Defendant

Procedural Posture

Small Claims Tribunal / Final Judgment

Legal Issues

  1. 1 Entitlement to increased fees under Consultancy Agreements
  2. 2 Right to suspend services for non-payment
  3. 3 Right to terminate Consultancy Agreements

Ratio Decidendi

Claimant was entitled to payment for substantiated invoices at agreed rates; Claimant had legal right to suspend services for overdue payment; Defendant was entitled to terminate contract with proper notice; reductions applied for unsubstantiated or duplicate invoicing.

Court Disposition

Claim partly allowed; counterclaim dismissed

Orders

  • Defendant to pay Claimant AED 119,728.53 in full and final resolution of the claim.
  • Each party to bear its own costs.