Narciso vs Defendant

This case concerned the amendment of the claimant's name in a small claims tribunal case before the DIFC Courts.

TLDR:

• The Claimant's name was amended to 'Narciso'.
• The error was attributed to the nature of the Small Claims Tribunal where litigants often represent themselves.
• The court made the order on its own initiative to correct the error.

The dispute arose from an agreement signed between Narciso and the Defendant. Initially, the Claim Form dated 26 February 2024 named Nathan and Nessim as the Claimants. Upon review, it was found that the Claimants erroneously named the partners of Narciso instead of the business entity itself.

This error is common in the Small Claims Tribunal (SCT) where litigants often represent themselves. Legal representation is permitted only on a conditional basis, subject to authorization by a judge. The SCT's practice in such cases is for the presiding judge to identify and recommend the correction of incorrectly named litigants.

H.E. Justice Maha Al Mheiri, presiding over the hearing on 26 February 2024, identified the error and determined that the Claimants' names should be amended to reflect the business name, Narciso. This order was made on the judge's own initiative due to the fact that the Claimants were litigants in person.

The court emphasized the importance of correctly identifying parties in legal proceedings to avoid confusion and ensure proper administration of justice. The SCT Registry was directed to issue an amended Claim Form accordingly.

This case highlights the procedural nuances and challenges faced by litigants in person in the Small Claims Tribunal. It also underscores the role of the court in facilitating the correct identification of parties to ensure fair and efficient resolution of disputes.

Overall, the decision serves as a reminder for litigants to carefully review and accurately complete legal documents to avoid procedural errors that could impact the outcome of their cases.

Legal representatives: None (litigants in person).

Judicial Panel: H.E. Justice Maha Al Mheiri

Case Citation Reference: [2024] DIFC SCT 123