Practice Area: Corporate Law / Commercial Litigation / Company Law

Outcome: The Court of Cassation set aside the appellate judgment to the extent it imposed personal liability on the manager.
Liability remains solely with the company, as no exceptional grounds were established to hold the manager personally liable.

Practice Area (Law): Banking and Finance Law / Civil Liability / Enforcement of Court Orders

Outcome: The banks were held fully liable for allowing withdrawals from frozen accounts and were ordered to compensate the creditor for all resulting damages, emphasizing that compliance with judicial orders is mandatory and non-negotiable.

Practice Area (Law): Civil Liability – Medical Malpractice / Cosmetic Surgery

Outcome: A cosmetic surgeon’s duty exceeds ordinary care, requiring extraordinary diligence; patient consent does not absolve liability, and use of unjustified high-risk methods constitutes gross negligence.

When the Dream of Beauty Turns into a Judicial Nightmare:

Cosmetic surgeries are no longer merely “minor touch-ups” in luxury clinics; they have recently become arenas for complex legal battles. In a case that shook the medical community, the Supreme Federal Court unveiled a tragic incident while establishing a historic legal principle: “The responsibility of a cosmetic surgeon exceeds ordinary care; ensuring patient safety is a sacred duty that does not lapse even with the patient’s consent.”

Practice Area: Real Estate Law / Commercial Law / Leasing & Tenancy Disputes

Outcome: What seemed like a simple hotel kiosk was ruled real property, putting the Rental Disputes Center in full control of the case and sending a striking message: in law, reality matters more than names.

Introduction

When a Kiosk Becomes an issue of Legal Opinion

In the lobby of a luxury hotel in Dubai, what began as a seemingly ordinary commercial disagreement evolved into a precise legal question:
Is the kiosk merely movable property that can be dismantled and relocated, or is it real property by allocation, subject to UAE tenancy laws?

A case that started under the guise of a so-called “franchise agreement” ultimately concluded with a judgment of the Court of Cassation delineating the boundaries of jurisdiction between the Dubai Courts and the Rental Disputes Center affirming that what truly matters is not the labels used, but the true legal nature of the relationship.

Practice Area: Civil Procedure & Enforcement of Foreign Judgments & Execution & Temporary and Summary Judicial Orders

Outcome: The General Assembly of the Court of Cassation ruled that cassation is not permitted against orders enforcing foreign judgments or arbitral awards; appeals are limited exclusively to the Court of Appeal, ensuring procedural efficiency and protection of parties’ rights.

Practice Area: Criminal Law / Commercial Law – Cheque Fraud

Outcome: In a clear and firm ruling, the Court of Cassation confirmed that the mere act of drafting a cheque in a way that obstructs its payment is enough to hold the issuer fully responsible. A cheque is a protected payment instrument, and anyone who tampers with it bears full criminal liability. The court upheld the AED 100,000 fine and ordered the confiscation of the security deposit.

Practice Area: Financial Crime, White-Collar Crime, Money Laundering, Cryptocurrency & Virtual Assets, Criminal Law, and Financial Regulation.

Outcome: What began as a straightforward crypto-fraud case turned into a dramatic courtroom twist, shaking the prosecution’s narrative and putting the spotlight on how digital money can blur the line between investment and crime.

Practice Area: Civil Law – Commercial Contracts – Arbitration

Outcome: The Court of Cassation held that the arbitration clause was not binding on the assignee bank, as the assignment predated the arbitration agreement, and ruled the appeal inadmissible because the judgment was not final under Article 152 of the Civil Procedures Law.

Practice Area:
Banking and Finance Law; Real Estate Law; Mortgage Enforcement and Execution Proceedings

Outcome:
Appeal dismissed. The Court of Cassation upheld the deduction of the 30% property transfer fee from the proceeds of the public auction sale of the mortgaged land prior to satisfaction of the mortgagee bank’s debt.

Practice Area:
Real Estate Litigation & Bankruptcy

Outcome:
Exclusive Jurisdiction of the Bankruptcy Court Confirmed and First-Instance Judgment Overturned

Practice Area:
Civil Law / Family Law / Real Estate (Gifts & Property Registration)
Outcome:
The court upheld the dismissal of the claim to revoke a gift due to improper representation of a minor. The appellant’s failure to appoint a litigation custodian in the presence of a conflict of interest rendered the case invalid, preventing examination of the claim’s merits. Procedural defects of public order cannot be bypassed, and substantive objections regarding revocation of the gift or equal treatment among children were deemed inadmissible

Practice Area: Real Estate, Banking & Finance, Administrative Law

Outcome: Escrow accounts under Law No. 8 of 2007 protect buyers and lenders by ensuring funds are used solely for real estate project development. Lenders must deposit project-secured loans into Department-accredited escrow accounts, which are subject to monitoring, auditing, and corrective actions.

Practice Area: Criminal Law, Domestic Violence Law, Criminal Procedure

Outcome: Confirmation that abstract statements, when devoid of context indicating harm or criminal intent, do not constitute a punishable threat in domestic violence cases, and that conviction requires sufficient reasoning demonstrating the elements of the crime and supporting evidence.

Finality of Appeal Judgments in Cases Not Exceeding AED 500,000 and the Alternating Burden of Proof under Article 1 of the Evidence Law, Including the Obligation of a Party Claiming Innocence or Alleging Contrary Facts to Provide Evidence

Practice Area:
Labor Law / Civil Procedure / Evidence Law / Civil Liability

OutcomeAppeals or cassation are allowed only if the claim exceeds AED 500,000, and each party bears the burden of proving their claims according to the nature of the case.

Practice Area: Civil Litigation / Tort Law / Civil Compensation

Outcome: The civil court is bound by the findings of a final criminal judgment regarding the act, its characterization, and attribution. Compensation arises from the unlawful act itself, independent of other obligations or inheritance relations, and withholding is not permitted.

Practice Area: Construction Law / Tax Law (Value Added Tax in Construction Contracts)

Outcome:
VAT in UAE construction contracts is calculated on the actual value of executed works, not merely on amounts paid. The main contractor must pay VAT unless proper tax invoices prove otherwise. The trial court’s acceptance of the expert report and rejection of the appellant’s objections was correct. Partial payment does not exempt the contractor from VAT liability.

Practice Area: Commercial & Corporate Litigation & Trademark

Outcome: The protection of a trade name, whether registered in the commercial register or having established use and reputation, is governed by trade name protection rules and the prohibition of unfair competition. Cases aimed at preventing its use or removing it from the commercial register are not subject to the trademark appeal procedures under Federal Law No. 36 of 2021, unless the name is registered as a trademark with the Ministry of Economy. The Paris Convention further supports this protection, preventing any use likely to cause confusion between businesses.

Practice Area: Commercial Law – Evidence Law – Corporate/Partnership Disputes – Electronic Evidence – Commercial Transactions – Civil & Commercial Procedures

Outcome:  Electronic communications and digital financial records were deemed valid written proof, and the lower court’s failure to assess this essential electronic evidence rendered its judgment legally defective and required its annulment.

Practice Area Commercial & Corporate Litigation

Outcome: The Court of Cassation upheld the dismissal of the claim as time-barred, confirming that the sixty-day period for challenging General Assembly resolutions begins on the date the resolutions are issued. Filing before the Alternative Dispute Resolution Administration did not interrupt or revive the expired statutory period.

Practice Area: Civil Procedure / Auction Disputes / Property Law
Outcome: Appeal dismissed; original judgment upheld despite inaccuracies in legal conclusions

Practice Area: Civil Procedure / Auction Disputes / Property Law
Outcome: Appeal dismissed; original judgment upheld despite inaccuracies in legal conclusions

Practice Area: Real Estate & Investment Law / Contractual Disputes

Outcome: The Court of Cassation annulled the appealed judgment and confirmed that Dubai’s ordinary courts, not the Rental Disputes Center, have jurisdiction over Build-Operate (BO) contracts. The case was referred back to the Court of Appeal for resolution on the correct legal basis.

Practice Area: Civil Litigation – Partnership Disputes, Contractual Obligations, Financial Claims

Outcome: Judgment annulled; case referred to the Court of Appeal for retrial

Practice Area: Commercial Law – Partnership Disputes, Corporate Governance, Accounting and Financial Reporting

Outcome: The Court of Cassation dismissed the appeal, confirming that the company incurred losses and  owed no profits to the appellants; allegations of financial manipulation were unsubstantiated

Practice Area: Banking & Finance Law – Islamic Finance / Commercial Transactions

Outcome: Islamic financial institutions and takaful companies cannot claim default interest or any financial benefit on delayed debts, even as compensation. Any agreement to the contrary is absolutely void, establishing a binding precedent for all Dubai courts.

Practice Area: Jurisdictional Conflicts / Civil & Commercial Litigation

Outcome: The Dubai Court of Cassation affirmed that the DIFC Courts have exclusive jurisdiction; the appellant’s cassation appeal was dismissed for lack of legal merit.

Practice Area: Intellectual Property Law – Trademarks
Outcome: Appeal dismissed; lower court judgment upheld—trademarks found sufficiently distinct, and appellant’s claims deemed factual and beyond the Court’s jurisdiction.

Practice Area: Labor and Employment Law / Contract Law
Outcome: The Court of Cassation dismissed the appeal and upheld the lower courts’ judgments declaring the non-compete clause invalid.

Practice Area: Real Estate Law/ Property & Mortgage Disputes

Outcome: The Court of Cassation upheld the lower courts’ judgments, ruling that the mortgage over the usufruct right had expired upon termination of the long-term lease. The Court confirmed that the owner’s consent was a mandatory contractual condition for the mortgage’s validity and enforceability, and that registration of the mortgage did not preserve it once the underlying lease right had ceased. The appeal was dismissed, and the mortgage was ordered to be removed from the land register.