Marcos v Miller [2022] DIFC SCT 001 (04 February 2022)

Marcos v Miller [2022] DIFC SCT 001 (04 February 2022)

The Defendant was contractually obligated to pay the Claimant for the recruitment services and related invoices, as the Claimant performed its obligations under the agreement. The Defendant failed to provide evidence that it notified the Claimant to relaunch the search under the performance guarantee, and failed to...

Source-derived case information.

Citation
[2022] DIFC SCT 001
Parties
Claimant: Marcos; Defendant: Miller
Jurisdiction
United Arab Emirates
Judgment Date
04 February 2022
Procedural Posture
Small Claims Tribunal / Judgment After Hearing
Outcome
Claim allowed, counterclaim dismissed
Legal Topics
Recruitment Agreement, Unpaid Invoices, Counterclaim for Breach of Contract, Performance Guarantee Clause
Contract Law Commercial Law Recruitment Agreement Unpaid Invoices Counterclaim for Breach of Contract Performance Guarantee Clause

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Summary, issues, holding and outcome

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Parties

Marcos

Claimant

Miller

Defendant

Procedural Posture

Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant is liable to pay the Claimant the outstanding invoices and interest under the recruitment agreement
  2. 2 Whether the Claimant breached the agreement by failing to provide a suitable candidate and/or relaunch the search under the performance guarantee
  3. 3 Whether the Defendant is entitled to damages under its counterclaim

Ratio Decidendi

The Defendant was contractually obligated to pay the Claimant for the recruitment services and related invoices, as the Claimant performed its obligations under the agreement. The Defendant failed to provide evidence that it notified the Claimant to relaunch the search under the performance guarantee, and failed to prove damages for its counterclaim. Therefore, the Claimant is entitled to the sums claimed, and the counterclaim is dismissed.

Court Disposition

Claim allowed, counterclaim dismissed

Orders

  • The Defendant shall pay the Claimant AED 178,406.20.
  • The Defendant shall pay the Claimant the Court fee of AED 8,920.31.