DIFC 075/2020

Johnson Arabia LLC v BIC Contracting LLC (Formerly HLG Contracting LLC)

This case involved unpaid amounts for invoiced amounts for the hire of equipment over a period of time. The key issue was the validity of a request for immediate judgment on this claim. Issues included the impact of unsigned and unstamped agreements where there had been earlier valid agreements which in a previous ruling on jurisdiction were deemed not to have an impact as earlier agreements with a jurisdictional opt in clause would apply to transactions at that time if the unsigned and unstamped agreements were deemed invalid.

Background

The Claimant’s application for immediate judgment against the Defendant was filed on 11 January 2021. Immediate judgment could be given against a defendant on the whole or a part of the claim or on a particular issue if, under RDC r. 24.1, if the Court felt that the “defendant has no real prospect of successfully defending the claim or issue” (RDC r. 24.1(1)(b)) and “there is no other compelling reason why the case or issue should be disposed of at trial” (RDC r. 24.1(2)).