In the legal arena, the defendant often finds themselves in a defensive position, However, UAE Law provides a powerful procedural tool that allows them to turn the tables and achieve comprehensive justice: e Counterclaim in UAE Law.

This action, precisely regulated under the Civil Procedures Law, is more than just a response; it is a mechanism that grants the defendant the right to present counter-claims or claims related to the original dispute within the same case framework.

Are you a party to a legal dispute and wish to assert your rights without the need to file a separate, time-consuming lawsuit? This article is your comprehensive guide to understanding:

• What is the concept of the Counterclaim in UAE Law and how does it contribute to expediting the litigation process?

• What are the most prominent types of counterclaims covering commercial, real estate, and labor cases?

• What are the essential conditions for filing a Counterclaim in UAE Law to ensure its acceptance, particularly regarding its connection to the original lawsuit and legal deadlines?

Continue reading to master the use of this effective legal instrument, which enables you to assert your demands and secure your rights with high professionalism and efficiency.

What is the Concept of a Counterclaim in UAE Law?

A counterclaim in UAE law is a lawsuit filed by the defendant against the plaintiff within the same original case, with the goal of presenting a counter-legal claim or one related to the same dispute.

This legal tool is used in the UAE judicial system to ensure justice for all parties by giving the defendant the right to present their own claims without needing to file a separate lawsuit.

According to the UAE Civil Procedures Law, there must be a close link between the original lawsuit and the counterclaim, either in the subject matter or the right to claim.

A counterclaim is seen as an effective way to save time and judicial effort, as both are decided within the same legal proceedings, ensuring a comprehensive settlement of the dispute.

Read more: How to Prepare a Civil Statement of Claim in the UAE Correctly (Step-by-Step)

What Are the Main Types of Counterclaims?

Counterclaims are divided into several types based on the nature of the dispute and the basis of the legal claim. No matter the type, a specialized law firm like Samaha Legal Consultancy can handle it for you. Here are the most common types of counterclaims that can be filed with the competent courts:

• Contractual Counterclaims: These are filed when there is a dispute between two parties over a specific contract. The defendant can file a counterclaim to assert their rights under the agreement.
• Commercial Dispute Counterclaims: Used in conflicts between companies or business partners. One party might file a lawsuit to claim compensation or enforce obligations, while the other responds with a counterclaim related to the plaintiff’s own breach of the agreement.
• Real Estate Counterclaims: These involve disputes over property ownership or leases. You can file your lawsuit legally and protect your rights by working with a firm like Samaha Legal Consultancy.
• Labor Dispute Counterclaims: These arise from disagreements between employers and employees.
  A counterclaim can be filed by one party to demand financial rights or compensation from the other.
  You can ensure your rights are fully protected with Samaha Legal Consultancy.
• Civil Case Counterclaims: In civil disputes, a defendant may use a counterclaim to challenge the validity of the plaintiff’s claims or to present legally related claims.
• Family Law Counterclaims: In personal status cases, a defendant can file a counterclaim to protect their personal rights.

What Are the Conditions for Filing a Counterclaim?

To file a counterclaim, a number of legal conditions must be met to ensure it is accepted by the competent court. These conditions aim to achieve justice and prevent the abuse of legal rights.

Here are the most important requirements for filing a counterclaim:

1. Connection to the Original Lawsuit: There must be a direct relationship between the counterclaim and the original lawsuit.
   The subject of the counterclaim must be linked to the main dispute between the plaintiff and the defendant.
2. Filing in the Same Court: The counterclaim must be filed with the same court hearing the original lawsuit. This prevents conflicting judgments and helps expedite the resolution of the dispute.
3. Timely Filing: A counterclaim cannot be filed at any time; it must be submitted within the period allowed by UAE law, which is typically during the response phase to the original lawsuit.
   If the defendant is late in filing, the court may lose its jurisdiction unless acceptable legal reasons for the delay are provided.
   A firm like Samaha Legal Consultancy can help you file your counterclaim within the proper legal deadline.
4. The Defendant Must Have a Legal Interest: The defendant must have a genuine and legitimate legal interest in filing the counterclaim, meaning they have suffered a real harm or are defending a legal right.
5. Fulfilling Legal and Procedural Requirements: The counterclaim must meet all legal formalities and procedural requirements for any lawsuit. By working with Samaha Legal Consultancy, you can ensure all requirements are met, such as:
   • Submitting the counterclaim statement according to the same rules as the original lawsuit.
   • Paying the required legal fees.
   • Including all evidence and supporting documents for the defendant’s claims.
6. The Purpose is Not to Obstruct Justice: The counterclaim should not be a means to prolong litigation or delay the original case.
   If the court finds that the defendant filed the counterclaim to obstruct the judgment, it may be rejected or legal penalties may be imposed.

the Counterclaim is a critically important procedural tool that ensures comprehensive justice.
It allows the defendant to shift their position from defense to offense, presenting their legal claims within the framework of the original dispute.

We have explored how the forms of this action vary, covering real estate, commercial, and civil cases, and how adhering to the conditions for filing (such as the connection to the original lawsuit and timely submission) is key to its acceptance.

To ensure all legal and procedural requirements for your counterclaim are met and to avoid any formal rejection, you must seek specialized legal expertise.

Contact the Samaha Legal Consultancy Office today, We will provide you with full support in drafting and submitting your counterclaim within the legal deadline, ensuring the maximum protection of your rights in the UAE courts.

Do not hesitate to secure your legal rights. Contact us to learn more about how to successfully file a Counterclaim in UAE Law!

A Claim for Delivery in the UAE can be defined as a lawsuit filed by one party to a bilateral contract to compel the other party to deliver the contracted subject matter.

What is a Claim for Delivery  in the UAE?

The Claim for Delivery in the UAE arises from contracts concluded between two parties, which generate contractual obligations that both parties must fulfill.

One party executes their obligation, which results in a corresponding obligation for the other party—specifically, the obligation to deliver the contracted item. Examples include:

1. Sale Contract: The buyer has the right to file a Claim for Delivery in the UAE against the seller if the buyer has paid the price of the item but the seller refuses to deliver the sold item, whether it is real estate or movable property (chattel).
2. Lease Contract: The tenant has the right to file a Claim for Delivery in the UAE against the landlord (lessor) if the tenant has paid the rent but the landlord has not delivered the leased property for the tenant’s benefit.

The Claim for Delivery most frequently appears in sale contracts, as they are among the most important named contracts that generate mutual obligations between the parties, in accordance with the provisions of the Sale Contract within the Civil Transactions Law.

The Claim for Delivery in the UAE is filed by the buyer against the seller to compel delivery of the sold item (whether real estate or movable property),
relying on the concluded sale contract and the buyer’s fulfillment of the resulting obligations, which is the payment of the price for the sold item.

By consulting a specialized law office like Samaha Law Firm for Legal Consultations, you can learn all the legal details concerning filing a Claim for Delivery in the UAE.

What are the Conditions for a Claim for Delivery in the UAE?

The conditions for a Claim for Delivery in the UAE are as follows:

1. The plaintiff in a Claim for Delivery must fulfill their obligations towards the other party to be entitled to demand delivery.
2. The plaintiff may withhold their own performance unless the other party performs the obligation incumbent upon them.
   For example, the buyer has the right to withhold payment until the seller delivers the sold item.
3. The Claim for Delivery must be filed by a person with the legal capacity of a plaintiff; meaning they are the rightful owner of the item claimed, or their legal representative, such as Samaha Law Firm for Legal Consultations.
4. The plaintiff must be legally qualified to file the Claim for Delivery in the UAE.
5. The plaintiff must have a legal interest in filing the Claim for Delivery in the UAE.
6. The Claim for Delivery in the UAE must be filed within the prescribed legal period before it is barred by prescription (statute of limitations).
   >By contacting a specialized lawyer like Samaha Law Firm for Legal Consultations, you can file the Claim for Delivery in the UAE within the specified legal period.

What are the Defenses Available to the Defendant in a Claim for Delivery in the UAE?

The defenses that can be raised in a Claim for Delivery in the UAE, often through a specialized law office like Samaha Law Firm for Legal Consultations, are varied.

Below are some examples, noting that rulings from the Court of Cassation (Al-Naqd) regarding claims for delivery can also be utilized:

• 1. The non-performance of contractual obligations by the other party can be argued by the defendant in a Claim for Delivery in the UAE. For instance, the argument may be raised by the seller that the item was not delivered because the agreed-upon price was not paid by the buyer.

  2. In filing a Claim for Delivery in the UAE, the lack of jurisdiction of the court where the claim was filed may be argued by the defendant, especially concerning real estate delivery claims, which must be filed before the court in whose circuit the disputed property is located.

  3. When a Claim for Delivery in the UAE is filed, the invalidity of the lawsuit procedures or the invalidity of the notification to the defendant may be argued by the defendant.

  4. When a Claim for Delivery in the UAE is filed, fraud or forgery may be argued by the defendant, along with the fact that a criminal case concerning the sale contract has been filed before the competent Criminal Court. This necessitates a suspension of the civil case until the criminal case is decided, applying the judicial principle that “the civil is held in abeyance by the criminal.”

  5. When a Claim for Delivery in the UAE is filed, the nullity of the sale contract upon which the plaintiff based their claim for delivery may be argued by the defendant, or it may be argued that the sale contract is simulated (sham) and that a real, concealed contract exists.

  6. When a Claim for Delivery in the UAE is filed, the nullity of the sale contract due to one of the grounds for annulment stipulated in the Civil Transactions Law, such as deceit, fraudulent misrepresentation, or mistake (error), may be argued by the defendant.

Can a Claim for Delivery in the UAE be Barred by Prescription?

In sale contracts, the buyer must file the Claim for Delivery in the UAE before it is barred by prescription.

The claim is time-barred after one year if the reason for non-delivery is related to warranty against eviction or warranty against hidden defects.

Furthermore, a Claim for Delivery in the UAE is barred by the long prescription period,
which is 15 years from the date the contractual obligation arose.

What are the Reasons for the Rejection of a Claim for Delivery in the UAE?

The reasons for the rejection of a Claim for Delivery may be procedural, such as:

1. Filing a lawsuit by a person lacking legal standing (lacking capacity/authority).
2. Filing the lawsuit before a court without jurisdiction.

The reasons for rejection may also be substantive, such as:

3. The failure of the plaintiff to prove their allegation.
4. The defendant presenting defenses that the plaintiff failed to perform their reciprocal contractual obligations.

By contacting Samaha Law Firm for Legal Consultations,
you can learn all the legal defenses related to filing a Claim for Delivery in the UAE.Contact Us.

Statement of Claim for Estate Partition in the UAE Heirs must divide the inheritance through full agreement among themselves and according to the provisions of the UAE Personal Status Law. In case of disagreement, any heir can file a Statement of Claim for Estate Partition in the UAE before the competent court.

Statement of Claim for Estate Partition in the UAE

A Statement of Claim for Estate Partition in the UAE is the pleading document submitted by one of the heirs demanding the division of the inheritance between themselves and the rightful heirs after the death of the deceased.

The Emirate of Dubai issued Decree No. 25 of 2023 establishing the Estates Court in the Emirate.

The creation of this court is a significant legislative measure, as it shortens litigation procedures for estate partition claims and ensures their speedy resolution, instead of having them distributed across multiple judicial bodies due to the application of specialized subject matter and territorial jurisdiction rules.

This specialized court consists of First Instance and Appeal Circuits, with litigation proceeding through two levels. Heirs must submit the request for estate division to the administration of the Estates Court.

The Dubai Estates Court Law introduced a new role, the Preparatory Judge, whose responsibilities regarding the Statement of Claim for Estate Partition in the UAE include the following:

1. The Preparatory Judge reviews requests for inheritance division.
2. The Preparatory Judge opens and manages the estate file until it is divided among the heirs or referred to the competent circuit.
3. The Preparatory Judge inventories and liquidates the inheritance, then presents, proposes, and finalizes the settlement and partition among the legal beneficiaries.
4. The Preparatory Judge appoints a guardian over the inheritance, upon the request of the heirs or on their own initiative.
5. The Preparatory Judge prepares estate lawsuits before presenting them to the court.

With the help of a specialized lawyer, such as Samaha Legal Consultants Office, regarding the Statement of Claim for Estate Partition in the UAE, you can understand the Preparatory Judge’s legal tasks and the subsequent legal details to secure your rightful share in the inheritance division.

When to File a Statement of Claim for Estate Partition?

A Statement of Claim for Estate Partition in the UAE can be filed after meeting the following conditions:

1. The deceased (the ancestor) must have died in reality or by judicial decree.

2. The heir must meet the conditions for inheritance (i.e., not be legally prevented from inheriting).

3. One of the legal heirs must file the claim.

4. The filer must attach an inventory of the inheritance and a listing of the legal heirs by providing data extracted from the civil registries showing their kinship and that they are actual heirs. Contacting Samaha Legal Consultants Office helps you complete these procedures in the appropriate legal manner.

5. The claimant must meet the general conditions for a claim when filing, which are Standing (Al-Sifah), Capacity (Al-Ahliyyah), and Interest (Al-Maṣlaḥah).

6. The claimant must file the claim with the competent judge in the Estates Court in Dubai, known as the Preparatory Judge.

What are the Essential Elements of a Statement of Claim for Estate Partition in the UAE?

There are essential elements that must be mentioned in the Statement of Claim for Estate Partition in the UAE, which are:

1. The details of the Plaintiff in the claim. If they are acting as a representative for some heirs, such as a specialized lawyer like Samaha Legal Consultants Office, they must present their power of attorney.
2. The details of the Defendants in the claim, who are the heirs refusing the partition.
3. The subject matter of the lawsuit, which is the demand for the partition of the inheritance.
4. The facts of the lawsuit, which include a full explanation of the heirs’ right to the inheritance and the necessity of its partition among them.
5. Attaching the required documents, which include the deceased’s death certificate, an inventory of the inheritance, and a listing of the rightful heirs.
6. Listing the Plaintiff’s demands (relief sought).

7. The Plaintiff or their legal representative (e.g., Samaha Legal Consultants Office) must sign the claim and include the date they drafted it.

What are the Steps for Filing a Statement of Claim for Estate Partition in the UAE?

The steps for filing a Statement of Claim for Estate Partition in the UAE, specifically in the Emirate of Dubai according to Decree No. 25 of 2023 concerning the Dubai Estates Court Law, are as follows:

1. The Preparatory Judge receives the claim.
2. The Preparatory Judge reviews the request, opens an inheritance file, and ensures that all heirs are inventoried.
3. The Preparatory Judge proposes a settlement to the parties of the claim. If they agree, he/she draws up a settlement agreement and all parties sign it.
4. The Preparatory Judge must certify and authenticate the settlement agreement, which grants it the force of an enforceable deed. Each party receives a copy, and the court retains a copy.
5. If the parties cannot reach a settlement, the Preparatory Judge must issue a decision stating the failure of the settlement and clarifying the legal classification of the disputed case.
6. The concerned parties must, within one month from the date of the Preparatory Judge’s decision of no settlement, file the Statement of Claim for Estate Partition before the court in its complete legal form. The assistance of a specialized lawyer like Samaha Legal Consultants Office helps them complete these procedures correctly.
7. If the one-month period expires without the parties filing the lawsuit, the Preparatory Judge may take appropriate action, such as issuing a decision to close the inheritance file. This decision does not prevent the re-filing of the lawsuit later.
8. If the concerned parties file the lawsuit before the court, the Preparatory Judge will set a session for the parties to appear before the First Instance Court within a period not exceeding 45 days from the date of filing.
9. The competent First Instance Circuit of the Estates Court will hear the case and issue a decision that is appealable before the Appeal Circuit.

Who Files the Statement of Claim for Estate Partition in the UAE

The Statement of Claim for Estate Partition in the UAE must be filed by one of the heirs or their legal representative, such as Samaha Legal Consultants Office, to meet the condition of Standing in the lawsuit; otherwise, the claim will be dismissed. Contact Us.

Whether you want to live on your own, are getting married, or have just moved to the UAE, you will need to rent a property. In doing so, it’s important to understand the various methods for resolving rental disputes in the UAE.

Renting a property comes with certain obligations and rights that can help you avoid rental disputes.

Rental Disputes in the UAE

The UAE has made significant progress in development and projects, which has led to a large increase in its population. This growth has been supported by laws that help resolve rental disputes in the UAE.

To accommodate this growth, authorities have worked to provide various rental housing options that suit all individuals and help them avoid rental disputes, especially given the high demand for rental properties.

As a result, the Rental Law was enacted to protect the rights and obligations of all parties in a lease agreement and to resolve rental disputes in the UAE.

The Role of the Rental Law in Resolving Rental Disputes

The Rental Law contains several provisions that define the relationship between tenants and landlords in the UAE. It acts as a regulator to reduce exploitation.

This has led to the control of rent prices and requires both parties to respect each other’s rights. The law sets the permissible rent and the conditions for increasing rent or extending the lease term for new, existing, or renewable contracts, all to prevent rental disputes.

This is an effective solution to prevent landlords from arbitrarily increasing rental prices, which can be a primary cause of rental disputes in the UAE.

If you need legal advice regarding rental disputes , you should contact a specialized law firm, such as Samaha Legal Consultants.

Conditions for Terminating a Contract Without Rental Disputes

The Rental Law also includes specific rules that a landlord must follow if they want to terminate a contract for the purpose of modifying or demolishing the property. The landlord must give the tenant sufficient time to vacate the property.

If either party violates these laws, they can be held legally accountable, and the affected party can file a complaint.

Furthermore, the Rental Law grants the Rental Disputes Committee in the UAE significant powers. The committee can apply certain rulings on its own, without needing a complaint from the affected party to hold the other party accountable and impose fines.

The Rental Disputes Committee handles rental disputes in the UAE between landlords and tenants with a sense of urgency.

If you require assistance with rental dispute cases in the UAE, you should contact Samaha Legal Consultants.

Rights of the Tenant and the Landlord

• A lease agreement, like any other contract, grants rights and imposes obligations on both parties. The Rental Law clarifies these rights and obligations, outlining what each party can do normally and when facing a problem or disagreement.
• According to Article 4 of the law, the landlord must hand over the property to the tenant in a condition that is fit for the purpose of the agreement. A tenant renting a residential property has the right to expect it to be suitable for living without any issues that would prevent this, thereby avoiding rental disputes .
• Based on this right, a tenant can file a request with the Rental Disputes Committee in the UAE to terminate the contract, receive a rent refund, or have the rent reduced if it becomes clear that the rented property does not serve its intended purpose.
• According to Article 6 of the law, the landlord must maintain and repair the leased property to ensure it is suitable for its intended use, unless the contract states otherwise.
• If the landlord refuses or is slow to perform necessary maintenance after being notified, the tenant has the right to carry out the repairs and deduct the costs from the rent. However, they must first obtain approval from the Rental Disputes Committee in the UAE.
• The tenant must obtain written permission from the landlord if they wish to make any alterations to the property. This is not required only in cases where the desired change does not cause any damage to the property. If the tenant fails to comply with this, the landlord can demand that the property be restored to its original condition, according to Article 12 of the Rental Law.
• The tenant must pay all utility bills, including water, electricity, and telephone, for the duration of the contract, unless the contract specifies otherwise.

If you need legal advice regarding rental disputes in the UAE, you should contact us at Samaha Legal Consultants, a law firm specializing in this area in the UAE, conact us via WhatsApp or Phone +971544447773.

What is Direct Legal Action in the UAE? Direct Legal Action in the UAE can be defined as the lawsuit filed by the creditor against their debtor’s debtor. This right is granted to the creditor based on a specific provision of law.

Direct Legal Action is characterized by features that distinguish it from other claims available to creditors (such as the Action for Simulation (Action Paulienne) or the Action to Prevent Disposition). It is considered an exception to the principle of the relative effect of contracts.

Under the Civil Transactions Law, a contract establishes a set of obligations only between its two parties (i.e., between the original creditor and the original debtor). However, Direct Legal Action permits the creditor to bypass the relativity of the contract’s effects and claim directly against their debtor’s debtor.

Furthermore, unlike the Indirect Legal Action, in Direct Legal Action, the creditor is not acting as a representative (agent) of their debtor in the lawsuit; rather, they are considered the original plaintiff acting on their own behalf against their debtor’s debtor.

Conditions for Filing a Direct Legal Action in the UAE

The conditions for filing a Direct Legal Action in the UAE are as follows:

1. The creditor’s right against the original debtor must be due and payable.
2. The creditor’s right must be undisputed; that is, there should be no ongoing legal conflict between the creditor and their original debtor.
3. There must be a clear legal text that grants the creditor the right to file the Direct Legal Action against their debtor’s debtor.
4. In addition to the above, the general substantive and formal conditions for filing any lawsuit must be met, including the conditions of **Standing (Al-Sifah), Capacity (Al-Ahliyyah), and Interest (Al-Maṣlaḥah), as well as the conditions of subject-matter, pecuniary value, and territorial jurisdiction of the court.

By contacting Samaha Legal Consultants Office, you can ascertain all the necessary conditions for Direct Legal Action in the UAE and ensure the legal application of these conditions.

Read more: Direct Action in the UAE

Steps for Initiating a Direct Legal Action in the UAE

The steps for initiating a Direct Legal Action  are similar to those of any other civil lawsuit filed before the civil courts. The Direct Legal Action must be filed in accordance with the provisions of the Civil Procedure Law. This involves including all the mandatory data in the lawsuit and then registering it directly with the competent court administration or submitting it electronically through the applications available with the UAE Ministry of Justice.

The claim in the Direct Legal Action, filed by the creditor against their debtor’s debtor, must meet all the necessary conditions and documents. It is highly advisable to submit it through a lawyer specialized in such claims, such as Samaha Legal Consultants Office.

The Significance and Effects of Direct Legal Action

The significance of Direct Legal Action in the UAE stems from the effects it has on the creditor, their debtor, and the debtor’s debtor.

Effects on the Creditor

• Claiming against their debtor’s debtor in their personal name, without needing to join their original debtor as a party to the lawsuit.
• Exclusion from competition by other creditors. Other creditors cannot participate in dividing the funds claimed through the Direct Legal Action on a pro rata basis (qismat ghuramā’), provided the Direct Legal Action has been filed.
• Direct Legal Action is generally free from defenses that the defendant (the debtor’s debtor) might raise against the original creditor. The debtor’s debtor does not have the right to pay the debt to their original creditor after the lawsuit has been filed.
• Filing a Direct Legal Action does not constitute a waiver of the creditor’s right to claim against their original debtor; they can claim against both parties.

Effects on the Original Debtor

The most important effect of the Direct Legal Action in the UAE on the Original Debtor is that they cannot claim the debt from their debtor’s debtor and are not entitled to collect that debt once the lawsuit is properly filed and notified to them. The inability of the original debtor to dispose of the debt subject to the Direct Legal Action also means they lose the right to conclude a settlement with their debtor’s debtor or to completely waive the debt.

Effects on the Debtor’s Debtor

These effects include the inability of the debtor’s debtor to reject the lawsuit, as it is considered one of the original claims established by law, filed by the creditor in an original capacity, not as a representative of the debtor.

Consequently, upon being formally notified of the Direct Legal Action against them, the Debtor’s Debtor must not proceed with paying the debt to their original creditor. However, if the payment was made before they were notified of the lawsuit and they were unaware of it, the payment is considered valid, and they can plead before the court that the plaintiff is no longer entitled to their claim based on this payment.

It is worth noting that the liability of the original debtor and their debtor’s debtor towards the creditor in the Direct Legal Action in the UAE is considered joint and several liability.

You can understand the effects of Direct Legal Action in the UAE on the creditor, the debtor, and the debtor’s debtor by consulting a specialized lawyer, such as Samaha Legal Consultants Office.

Examples of Direct Legal Action

there are examples of Direct Legal Action in the UAE, including, but not limited to:

• The landlord’s claim against the sub-tenant (sublessee).
• The injured party’s claim against insurance companies in car accidents.
• The real estate buyer’s recourse against the contractor who contracted with the property seller.

When is a Direct Legal Action Dismissed in the UAE?

A Direct Legal Action is dismissed if the necessary conditions for filing the lawsuit are not met. For instance, if the debt claimed by the creditor is not yet due and payable, or if the lawsuit is filed directly against the debtor’s debtor after the debtor’s debtor has already paid the debt to their original creditor.

If you require a lawyer’s consultation regarding Direct Legal Action in the UAE, please contact Samaha Legal Consultants Office, where you will receive full legal support from the best lawyers specializing in civil cases. Contact Us.

What is the Civil Statement of Claim in the UAE ? The Civil Statement of Claim is the pleading document that the Plaintiff submits to the court against the Defendant to claim a right established under the civil systems and laws in the UAE, particularly the Civil Transactions Law and other related legislation. The filing and judicial processing of the Civil Statement of Claim in the UAE are governed by the provisions of the Civil Procedures Law.

Characteristics of Filing a Civil Statement of Claim in the UAE

A Civil Statement of Claim in the UAE is filed with the Competent Court according to the rules of pecuniary value, territorial, and subject-matter jurisdiction. The Plaintiff must adhere to the procedures stipulated in the Civil Procedures Law when filing the claim.

When is a Civil Statement of Claim Filed

A Civil Statement of Claim in the UAE can be filed by the Plaintiff against the Defendant when the Plaintiff has a civil right against the Defendant, based on the provisions of the Civil Transactions Law. These situations include:

1. When a contract exists between the parties and one party breaches the obligations imposed upon them by the contract.
2. When one party commits a fault that results in damage to the other, necessitating compensation for the damage (Torts).
3. In cases of trespass upon private property, such as encroaching upon or unlawfully possessing real estate owned by another party.
4. In lawsuits concerning usufruct and servitude rights.
5. In lawsuits related to sale and partnership contracts.
6. In lawsuits concerning obligations arising between a contractor and the employer.

With the assistance of Samaha Legal Consultants Office, you can ensure that the Civil Statement of Claim in the UAE is filed correctly and legally in all these situations.

Read also: The Best Civil Lawyer In UAE

How is a Civil Statement of Claim Filed?

By reviewing the provisions of the Civil Procedures Law, the Plaintiff must submit the Civil Statement of Claim  to the Competent Court Administration, either by visiting the court directly or by submitting it electronically through the applications made available by the UAE Ministry of Justice.

The Civil Statement of Claim in the UAE should ideally be submitted by a specialized lawyer, such as Samaha Legal Consultants Office, and must encompass several key details, including, but not limited to:

1. Personal data of both the Plaintiff and the Defendant.
2. The subject matter and facts of the lawsuit.
3. The legal basis and documents supporting the claim.
4. The Plaintiff’s demands (relief sought).
5. The signature of the Plaintiff or their legal representative (e.g., Samaha Legal Consultants Office) and the date the claim was drafted.
6. Required Attachments with the Civil Statement of Claim.

The documents that must be attached to the Civil Statement of Claim  vary according to the subject matter of the lawsuit.

• If the lawsuit relates to the breach of contract clauses, the Plaintiff must attach the contract executed between them and the Defendant, along with all documents proving the breach of obligations.
• If the lawsuit concerns the recovery of possession, the Plaintiff must attach all documents proving that they had quiet, public, and continuous possession of the property for a period exceeding one year.
• If the Civil Statement of Claim concerns a demand for compensation for incurred damage, whether material or moral, the affected Plaintiff must submit the claim accompanied by all documents demonstrating the damage they suffered as a result of the Defendant’s fault.

By consulting a specialized lawyer, such as Samaha Legal Consultants Office, you can properly prepare all the necessary documents for submitting the Civil Statement of Claim in the UAE.

What Steps Follow the Submission of the Civil Statement of Claim?

After submitting the Civil Statement of Claim to the Case Management Office of the competent court, the following steps ensue:

1. The lawsuit is registered in its dedicated record, either electronically or manually.
2. The date of registration must be recorded, and the Plaintiff must be notified of the hearing date.
3. The Plaintiff must pay the prescribed fees immediately upon registration, within a period not exceeding three working days from the day following the payment notification, failing which the registration will be considered void.
4. Upon registration, the Plaintiff must deposit copies of the claim equal to the number of defendants, plus one copy for the Case Management Office.
5. The Defendant must file a Statement of Defense along with copies of their supporting documents within ten working days from the date of being notified of the lawsuit.

Tips for Drafting the Civil Statement of Claim in the UAE

Any person wishing to file a claim concerning a right established in the Civil Transactions Law and other related civil laws must submit a Civil Statement of Claim in the UAE. To ensure this document is robust, the following steps should be followed:

• Consult a specialized lawyer, such as Samaha Legal Consultants Office, to correctly draft the Civil Statement of Claim.
• Prepare the claim to include all the mandatory data required to be mentioned in the statement.
• Do not file the claim without gathering all the necessary evidence and proof to substantiate the right being claimed.
• Verify the Competent Court for hearing the civil lawsuit.

If you have any consultation regarding the Civil Statement of Claim in the UAE, contact us at Samaha Legal Consultants Company in the UAE.

We are always your optimal choice. Contact Us.

Submitting a University appeal in the UAE Many people ask about the meaning of submitting a leniency petition to a university in the UAE, and what are the conditions and steps for filing such a request. This article will clarify these points and provide a sample template for a leniency petition in the UAE.

If you are looking for a specialized lawyer to secure the best phrasing for a University appeal in the UAE you should contact Samaha Legal Consultants Office.

When Can a University appeal in the UAE

A leniency petition to a university in the UAE must be submitted in accordance with the university’s prescribed regulations and controls, which are set forth based on the administrative and educational policies of each institution.

A University appeal in the UAE can be defined as any claim asserting the improper application of one of the university’s academic policies or procedures, or requesting the exemption of the student from one of the university’s prevailing academic policies or procedures.

Generally, university policies stipulate the procedures related to academic grievances and academic petitions. There is a difference between the two: a grievance is a complaint or claim submitted by the student detailing ill-treatment or unfair treatment regarding an academic matter, or a matter related to their enrolment at the university.

Therefore, a student at a university cannot submit an academic petition or a leniency petition to a university in the UAE except in the following cases:

• The university’s incorrect application of academic policies and procedures to the student.
• A request for exemption from one of the university’s prevailing academic policies or procedures.
• A grievance regarding ill-treatment or unfair treatment in an academic matter.
• A petition concerning an issue related to their enrolment at the university.

Conditions for Submitting a Leniency Petition to a University in the UAE

There are specific conditions that must be fulfilled for the process of submitting a University appeal in the UAE to be completed, which are:

• The leniency petition or appeal must be submitted by a student who is currently registered at the university, or who was previously enrolled and wishes to return.
• The leniency petition must relate to the application of academic policies or procedures that affect the student.
• The leniency petition must be submitted to the authority responsible for handling academic grievances and petitions at the university, which is usually the office responsible for student affairs.
• The petition must be submitted within the timeframe specified by the university for processing such requests. Generally, the petition must be submitted during the academic semester in which the incident subject to the grievance or petition occurred.

Steps for University appeal in the UAE

The student submitting a University appeal in the UAE must follow these steps:

1. The leniency petition must be submitted in written format to the college in which the student is enrolled.
2. All required supporting documents must be attached to the petition.
3. The college must study the petition submitted by the student and refer its recommendations to the Student Cases Committee.
4. The leniency petition may be submitted to the Office of the Dean of Admission and Registration in cases that fall outside the purview and responsibilities of the colleges.
5. Colleges may submit the leniency petition or appeal to the Student Cases Committee on behalf of the student.
6. The Student Cases Committee is formed to rule on leniency petitions, appeals, or grievances submitted to the university’s colleges.
7. The Student Cases Committee meets periodically as necessary.
8. The Student Cases Committee studies and rules on the leniency petitions.
9. The decisions issued by the Student Cases Committee are considered final after they are ratified.

Read also: Appealing Administrative Judgments in the UAE

Sample Leniency Petition in the UAE

Samaha Legal Consultants Office presents a sample template for a leniency petition to a university in the UAE regarding readmission:

To [University Name] Applicant: University Student: [Student Name] | University ID: [Student ID]

Subject: Petition for Readmission to the Current Semester

Whereas I was registered at the University in the College of [College Name], and due to my specific circumstances,
I was unable to continue my studies during the first semester, which is the current semester.

This was due to very private family circumstances, specifically my mother’s illness and my necessary accompaniment of her in the hospital.

Given that I am still within the first semester, I hereby submit this leniency petition to the Deanship of the University to readmit me to the current academic semester.

I attach a medical report regarding my mother’s condition, a statement of my academic grades at the University,
and the date of my enrolment. I implore your esteemed office to accept my request and readmit me to the University.

Please accept my utmost respect and appreciation.

University Student: [Student Name] Signature: [Signature]

A student wishing to submit a readmission request can also do so electronically through the official websites of the university they were studying at, by filling in the required data. The request of University appeal will then be referred to the competent authority.

In this article, we have clarified everything concerning the leniency petition to a university in the UAE,
including the appropriate time to submit it.

If you require legal consultation regarding a leniency petition to a university in the UAE,
you should contact a specialized law firm like Samaha Legal Consultants Office in the UAE. We are always your optimal choice. Contact Us.