DIFC Courts’ Small Claims Tribunal (SCT) is set to give claimants the option to use direct and instant messaging to give defendants notice as part of an expanded range of e-services.
Until now, all defendants have first received SCT claim forms via email, then in person or through courier, or at the last known address if they did not reply.
Under the new rules, if the defendant is still unresponsive, the claimant may use e-services, including direct and instant messaging, to serve the claim.
To preserve privacy and prevent misuse, the communication must be direct and the claimant must formally request permission from the SCT before going ahead.
Nassir Al Nasser, SCT judge and registrar, said, “With direct and instant messaging now part of our daily life, it is important for our courts to reflect changes in how we communicate. Small Claims Tribunal cases often involve individuals and small businesses, as well as a mobile expatriate population, and it is sometimes difficult to physically locate the other party and serve court documents. Allowing service by instant messaging has the potential to help both claimants and defendants, speeding up resolution of disputes.”
Already a feature of justice systems in the United Kingdom, Australia, Canada and parts of the United States, e-services open up another avenue for claimants to reach defendants.
The new service will also support defendants, by alerting them through a different channel that a claim has been filed against them, ensuring that they do not miss out on the opportunity to present their side of the case. The existing rules state that when defendants do not respond or are evasive, the SCT will automatically issue a default judgement.
DIFC Courts administers an English-language common law system – offering independent justice to settle local and international commercial or civil disputes.
They are independent from, but complementary to, the UAE’s Arabic-language civil law.
The DIFC Courts were established under laws enacted by the late HH Sheikh Maktoum bin Rashid Al Maktoum, Ruler of Dubai in September 2004. The laws establishing the DIFC Courts are designed to ensure that the DIFC Courts provide the certainty, flexibility and efficiency expected by Court users.
Nearly 1,180 cases have been resolved through the DIFC Courts since 2008, while over 90% of Small Claims Tribunal cases are concluded within three weeks.
