Neva v Natalie [2024] DIFC SCT 115 (14 June 2024)
The Agreement clearly stipulated a fixed, non-refundable fee structure, and the Defendant performed contractual obligations. The Claimant failed to provide evidence of instructing the Defendant not to commence work. Therefore, the Claimant is not entitled to a refund.
- Citation
- [2024] DIFC SCT 115
- Parties
- Claimant: Neva; Defendant: Natalie
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 14 June 2024
- Procedural Posture
- Small Claims Tribunal / Judgment After Hearing
- Outcome
- Claim dismissed
- Legal Topics
- Legal Fees, Breach of Contract, Refund of Professional Fees, Non Refundable Payments
Case Brief
Summary, issues, holding and outcome
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Parties
Neva
Claimant
Natalie
Defendant
Procedural Posture
Small Claims Tribunal / Judgment After Hearing
Legal Issues
- 1 Whether the Claimant is entitled to a refund of legal fees paid under the Agreement
- 2 Whether the Defendant performed contractual obligations under the Agreement
Ratio Decidendi
The Agreement clearly stipulated a fixed, non-refundable fee structure, and the Defendant performed contractual obligations. The Claimant failed to provide evidence of instructing the Defendant not to commence work. Therefore, the Claimant is not entitled to a refund.
Court Disposition
Claim dismissed
Orders
- The Claimant’s claims are dismissed.
- There shall be no order as to costs.
Full Case Text
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