The law grants the right to compensation to anyone who has suffered material or moral damage due to a person, action, or event. However, the value of the compensation awarded by a court judgment may not be accepted or approved by the injured party. In this situation, appealing compensation cases in the UAE to re-evaluate the compensation is the legal path to follow.
This article will provide you with information on appeals in compensation cases in the UAE and how to handle them.
Appeals in Compensation Cases in the UAE
It is clear that a judge has the authority to settle lawsuits and the power to assess judgments, which is one of the most positive aspects of the judiciary’s role. It is also certain that judges have been granted a role in assessing judgments related to appeals in compensation cases in the UAE, with the goal of rectifying the damage caused. However, this role is limited in some respects, as the judge must rule within the bounds of full compensation in accordance with the law.
It is important that the compensation is fair enough for the damage incurred, but it is not always necessary to adhere to full compensation, as this depends on the nature of the case. Therefore, the judge’s authority in compensation cases is restricted, not absolute. Sometimes, they must seek the assistance of experts and specialists to estimate the amount. If the judge does not adhere to this, their judgments are subject to appeal, which allows those harmed by the ruling to appeal the compensation case in the UAE.
It is important to note that compensation lawsuits include various types of damages, including material, psychological, and moral harm. According to Article 282 of the Civil Transactions Law, anyone who causes damage to another must compensate for it. The laws also grant the right to guarantee and compensate for moral damage that affects reputation, freedom, and honor, as per Article 293 of the Civil Transactions Law. In many cases, the value of the compensation estimated by the judge may be considered unfair to the injured party, who then has the right to appeal the compensation case in the UAE.
The Court of Appeal begins its review of appeals in compensation cases in the UAE and decides on challenges against judgments that are legally appealable. For example, compensation cases issued by various primary civil, commercial, labor, real estate, enforcement, criminal, and labor courts. However, there are some situations where compensation judgments cannot be appealed if the amounts requested are less than the minimum threshold specified by law. This can only be done in exceptional cases defined by law, which permit an appeal even if the amount is below the minimum threshold.
These exceptions may arise if there is a violation of jurisdiction rules or a procedural invalidity that affected the judgment. Therefore, if you need a specialized lawyer to file an appeal in a compensation case in the UAE, you can contact Samaha Law Firm.
Cases of Appeal in Compensation Cases in the UAE
When submitting a notice of appeal against a judgment issued by a Court of First Instance to the Court of Appeal, there are limits that must be observed. According to Article 66 of the Federal Law No. (11) of 1992 concerning the Civil Procedure Law, litigants must submit the appeal request in compensation cases within the specified threshold within a period not exceeding fifteen days. Otherwise, there are many cases that allow for an appeal against compensation judgments issued by the Courts of First Instance. Below are some examples of appeal cases in compensation:
Appeals in Labor Compensation Cases in the UAE
Appeals in labor compensation cases in the UAE result from a problem between an employee and an employer, which may lead to the employee demanding compensation.
Labor compensation is granted in cases of arbitrary dismissal, breach of contract, or injuries sustained by the employee while performing their duties. Based on this, the labor court imposes compensation that the employer must pay to the employee for the damage they incurred, without exaggerating or underestimating the compensation. The employee or the employer has the right to appeal the compensation case in the UAE if either of them is dissatisfied with the compensation amount.
Appeals in Compensation Cases in the UAE for Failure to Implement Personal Status Court Judgments
In some cases, the court may impose compensation on a divorced person. For example, if a father is denied the right to see his daughter during the visitation period, causing him moral and material damage. In such cases, an appeal can be filed for compensation for non-implementation of a visitation judgment to modify the value of the compensation issued by the court.
It can be said that appeals against compensation judgments vary depending on the diversity of compensation cases that span various laws.
Appeals in Compensation Cases in the UAE for Fights and Assault, or Even Verbal Abuse and Defamation.
Appeals in Compensation Cases in the UAE Resulting from Trespassing on the Sanctity of Private Life, or Compensation Related to Victims of Cybercrimes.
In addition, there are some cases of appeal in compensation cases in the UAE, where a statement of appeal is filed against a compensation judgment for abuse of the right to litigate. Accordingly, the cases of appeal in compensation in the UAE are diverse and each case requires a lawyer specialized in the type of lawsuit for which compensation is sought.
It is important to mention that Samaheh Law Firm includes a large elite group of expert lawyers specializing in various branches of law, especially in appeal cases for compensation. They offer many services in this regard, including providing consultations, drafting a civil judgment appeal petition, in addition to representing clients in appellate court sessions.
If you need any consultation regarding appeals in compensation cases, you should contact Samaheh Law Firm immediately,via WhatsApp or phone +971544447773.