In light of our follow-up on the latest legal developments and principles established by the state courts, the General Authority of the Dubai Court of Cassation issued four decisions on important issues that were contentious among different court circuits. Therefore, the court decided the following:
- The General Authority of the Court of Cassation decided to depart from the previous principle and adopt the new legal principle, which acknowledges the possibility of seizing commercial licenses and all intellectual property assets of the company unless dealing with them is prohibited by nature or by law. Consequently, the court reversed its previous decision that prohibited the seizure of the commercial license.
- The Authority decided to depart from the previous principle and adhere to the legal principle established in the appeal judgment No. 158 of 2021, civil appeal, which ruled that the court may rely on the expert report submitted in another lawsuit, even if it is filed before a non-specialized court or involves different parties and subjects, as long as the report is submitted and deposited in the lawsuit file, becoming part of its records, and each party can argue its relevance.
- The General Authority decided that if the appellate court annuls the primary judgment applied to the subject of the lawsuit, applying a law not applicable to its facts, it shall decide on the matter, apply the relevant law, and without remanding it to the court of first instance after exhausting its jurisdiction in deciding the case.
- The General Authority decided that the appellant for a performance order exceeding the final jurisdiction limit of the court of first instance may submit a memorandum explaining the reasons for the appeal to the case management office or the court, depending on the circumstances, until the date of the first scheduled session for hearing the appeal. In this memorandum, the appellant should elaborate on the grounds of the appeal in detail necessary for its support. Failure to do so upon registering the appeal in the appeal record does not entail the application of the penalty stipulated in Article 147, paragraph 2, of Civil Procedures Law No. 42 of 2022, which states the non-acceptance of the appeal.
Authors:
Adv. Ali Ismael Al Zarooni
Managing Partner
+971 50 631 4431
Sabri Al Khawas
Associate