Watson Farley & Williams (Middle East) LLP v Union Properties PJSC [2023] DIFC CFI 071 (27 January 2023)

Watson Farley & Williams (Middle East) LLP v Union Properties PJSC [2023] DIFC CFI 071 (27 January 2023)

The defendant failed to file an acknowledgment of service or defence within the required time, and all procedural requirements for default judgment under the RDC were satisfied. The claimant is entitled to judgment for the specified sum, interest, and costs.

Citation
[2023] DIFC CFI 071
Parties
Claimant: Watson Farley & Williams (Middle East) LLP; Defendant: Union Properties PJSC
Jurisdiction
United Arab Emirates
Judgment Date
27 January 2023
Procedural Posture
Civil Claim for Specified Sum / Default Judgment at First Instance
Outcome
Default judgment granted for claimant
Legal Topics
Default Judgment, Debt Recovery, Interest on Judgment Debt, Legal Costs
Civil Procedure Contract Law Default Judgment Debt Recovery Interest on Judgment Debt Legal Costs

Case Brief

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Parties

Watson Farley & Williams (Middle East) LLP

Claimant

Union Properties PJSC

Defendant

Procedural Posture

Civil Claim for Specified Sum / Default Judgment at First Instance

Legal Issues

  1. 1 Whether the claimant is entitled to default judgment under RDC 13
  2. 2 Whether the defendant failed to acknowledge service or file a defence
  3. 3 Whether the claim is for a specified sum and interest

Ratio Decidendi

The defendant failed to file an acknowledgment of service or defence within the required time, and all procedural requirements for default judgment under the RDC were satisfied. The claimant is entitled to judgment for the specified sum, interest, and costs.

Court Disposition

Default judgment granted for claimant

Orders

  • Defendant to pay claimant USD 76,305.78 within 14 days
  • Defendant to pay statutory interest at 9% (USD 18.82 per day of delay)