7CI Technologies Limited v Liberty Steel Group Holdings (E M E A) Ltd [2025] DIFC CFI 003 (11 July 2025)
The Claimant was entitled to immediate judgment for the unpaid invoices and damages as the Defendant failed to dispute the invoices in accordance with the contract, anti-set off provisions applied, and the Defendant's proposed counterclaim was based on unsubstantiated allegations with no realistic prospect of success. The Defendant's application to amend its Defence and file a counterclaim was refused due to lateness and lack of merit. The Claimant was awarded interest and indemnity costs.
- Citation
- [2025] DIFC CFI 003
- Parties
- Claimant: 7CI Technologies Limited; Defendant: Liberty Steel Group Holdings (E M E A) Ltd
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 11 July 2025
- Procedural Posture
- Commercial Contract Dispute / Immediate Judgment Application and Interlocutory Applications at First Instance
- Outcome
- Immediate judgment for the Claimant; Defendant's application to amend Defence and file counterclaim refused.
- Legal Topics
- Immediate Judgment, Summary Judgment, Set Off, Counterclaim, Damages for Non Payment, Interest on Judgment, Costs, Amendment of Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
7CI Technologies Limited
Claimant
Liberty Steel Group Holdings (E M E A) Ltd
Defendant
Procedural Posture
Commercial Contract Dispute / Immediate Judgment Application and Interlocutory Applications at First Instance
Legal Issues
- 1 Whether the Claimant is entitled to immediate judgment for unpaid invoices and damages under three agreements
- 2 Whether the Defendant is entitled to amend its Defence and file a counterclaim based on alleged mismanagement and breach by the Claimant
- 3 Whether the Defendant can set off or withhold payment under the agreements
Ratio Decidendi
The Claimant was entitled to immediate judgment for the unpaid invoices and damages as the Defendant failed to dispute the invoices in accordance with the contract, anti-set off provisions applied, and the Defendant's proposed counterclaim was based on unsubstantiated allegations with no realistic prospect of success. The Defendant's application to amend its Defence and file a counterclaim was refused due to lateness and lack of merit. The Claimant was awarded interest and indemnity costs.
Court Disposition
Immediate judgment for the Claimant; Defendant's application to amend Defence and file counterclaim refused.
Orders
- 30 June Application (to include Third Witness Statement) granted.
- Permission Application (to amend Defence and file counterclaim) denied.
Full Case Text
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