Eshraq Investments PJSC v Shehab M. Gargash & Others An overview of a bittersweet victory
A recent interesting judgment has been rendered by Justice Michael Black in the DIFC Courts Case No. CFI-077-2021 Eshraq Investments PJSC v Shehab M. Gargash & Others where I, with the assistance of Barrister Maria Mulla and my team at MTA Mohammed Allinjawi Advocates & Legal Consultants, succeeded in delivering a favorable outcome to our clients (the defendants), Mr. Shehab M. Gargash (Mr. Gargash), Daman Investments PSC (Daman Investments), and Daman Real Estate Capital Partners (Daman RECAP), (collectively our “Clients”) While it is indeed a great victory, I find it a “bittersweet” one!
What was the case about?
This is a claim that was brought before the DIFC Courts by Eshraq Investments PJSC (“Eshraq”) who claimed substantial damages from our Clients on the grounds that they had breached their contractual obligations under 58 Sale and purchase Agreements (the SPAs), by which our Clients had sold 58 units in the Burj Daman tower in DIFC in April 2015 to Eshraq. Eshraq claimed that our Clients breached their obligations under SPAs essentially by: a) unjustifiably delaying the transfer of the registration of the 58 units’ titles to Eshraq;
b) unjustifiably delaying the handover of the 58 units to Eshraq;
c) failing to act in good faith and cooperate with Eshraq in enforcing the 58 SPAs and the transfer of the titles of the 58 units; and
d) breaching their warrants and representations under 41 of the SPAs, as Eshraq discovered that 41 of the sold units had a mortgage interest registered against them to a bank;
c) denying the refund of alleged overpaid/excess payments against the 58 units’ purchase price.
The damages sought by Eshraq included loss of income (potential rental income), penalties paid by Eshraq to the DIFC registrar for late payment of registration fees, payments Eshraq made for utility charges for the time before the handover of the 58 units, and overpaid amounts paid against the 58 units’ purchase price.
It suffices – according to recent research and case studies – that the chances of delinquency for a bullied child in the future are much greater than that of his peers, because his parents have established in him since his childhood that he is distinguished from others, so he is always looking for the role of leadership, which may lead him to commit transgressions or crimes.
When each of us reviews himself, he will discover that there is a situation he was exposed to, or a phrase he heard in his childhood that is still deep in his soul, and whenever he remembers it, he feels pain, without realizing at the time that this is bullying.
We must understand that times have changed, and the impact of bullying on our children has become more dangerous and destructive, in light of the diversity of its sources, whether in their real lives, or by default through social media and electronic games, and in light of our preoccupation on the one hand, and their self-isolation on the other, discovering the problem has become difficult.
The country’s efforts to combat bullying are countless. The Child Protection Law, in all its articles, provides full protection for this group.
The Student Behavior Regulations issued under Ministerial Resolution No. 851 of 2018 deal with an explicit text that includes the definition of bullying and its forms within the school. Indeed, there is a specialized unit for child protection in the Ministry of Education.
The relevant authorities, such as the Ministry of Interior, Public Prosecution, police agencies, and the Supreme Council for Motherhood and Childhood, adopt periodic programs and campaigns to educate students and protect them from bullying.
It remains for us, as parents, to realize that these great efforts are not a luxury or proof of a position, but rather a serious and honest awareness of the danger of bullying, so we must be responsible and not underestimate behavior that harms the mental health of children and their ability to learn and accompanies them throughout their lives.
By the way, the dangers are not limited to the victims only, but extend to the bullies as well, and the future is the best witness.
