Category: General Practice of Law

Our team of experienced general practice lawyers provide a wide array of knowledge and expertise in legal assistance for general law in UAE courts.

One Day Court

ONE DAY COURT MISDEMEANOR

Type of Cases Handled in “ONE DAY COURT MISDEMEANOR” in Dubai UAE

Being well-known as one of the most dynamic and fastest growing city in the world, Dubai has launched its initiative.

In a meeting held on the 7th March 2017 at the Dubai Executive Council head office, located in Emirates Tower, the Penal Order Law No 1 of 2017, also known as the ‘One Day Misdemeanor Court’ was finally approved by His Highness Shaikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai.

Following the said approval, the initiative was instantaneously executed in all police stations in Dubai on the 8th March 2017.

While there are many perceptions about this project, Shaikh Mohammed Bin Rashid Al Maktoum underlined that this guarantees people the right to fair trials and justice in a timely manner without compromising the veracity of law. To come up with a highly efficient and fast service from the long and difficult process is what ‘One Day Misdemeanor Court’ eyes on achieving.

Shaikh Mohammad also highlighted that with the judicial system UAE holds, justice, being at the heart of every society is being given equally to both individuals and organizations.

The whole process of Court proceedings such as investigation and prosecution will be shortened by 60% of the current estimated turn-around time; hence, a conclusion will be carried out faster than expected – in less than 24 hours, saving the government around 40 million dirhams in a year.

In total, 21 types of cases are included in this 24-hour system.  All of which will be heard in the Police Station with the prosecution and court on site. This strategy lets the Public Prosecution to immediately cope with the other certain cases, without referring them to the court through a penal order; hence making the whole process efficient and effective.

Some of the cases are as follows: 1. Illegal entry into the country, Returning after deportation, and Staying in the country illegally to be handled by the General Directorate of Residency; 2. Possession of alcoholic beverages, Consuming alcoholic beverages, and Giving a cheque with malicious intent to be handled by the Police Station; and 3. Involvement in an accident that injured someone, Wrecking properties, and Drinking and driving to be handled by the Traffic Prosecution.

Meanwhile, the Traffic Department, together with the Residency and Foreign Affairs, has primarily tested this “One Day Court Misdemeanor” in 2015.

Dr. Naser Muhyealdeen, Partner and Senior Lawyer of Hassan Al Reyami Advocates and Muhyealdeen International Legal Consultants has warmly expressed his support in this most recent initiative.

In Dubai, being successful and flourishing when it comes to business, time is indeed an essential element, Muhyealdeen added.

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time-bars uae law

Time-bars on claims and causes of action under UAE Law

Time-bars, time-limits, prescription or in other jurisdictions, the statute of limitations, are legal time restrictions used to deter the enforcement of claims.

In the United Arab Emirates and similarly to other countries, these time limits are not provided in one specific statutory reference, nevertheless and generally speaking, civil claims have a 15 year prescription period from the time of its existence, except those that have shorter or longer time limits set by particular legislation.

The following are some of the prescriptive periods provided under various legislation in the United Arab Emirates:

  1. A civil claim or a right bring suit against a party shall not be admissible after the lapse of 15 years without legal excuse;
  2. After the lapse of 15 years, a claim for recovery of revenue against a holder in bad faith may not be heard without legal excuse;
  3. Claim for remuneration for work performed or expenses incurred in connection with the profession of physicians, pharmacists, lawyers, engineers, experts, professors, teachers, and brokers may lapse after 5 years without legal excuse;
  4. Unpaid taxes and fees are not recoverable after 5 years subject to the provision of special laws;
  5. After 2 years, the rights of merchant or manufacturer to recover payment for items they supplied shall lapse, as well as the right of hotel and restaurant owners against their clients in relation to the costs of accommodation and food. Workers servant and wage earners shall also have a 2-year prescriptive period to collect unpaid wages and costs of supplies provided to them;
  6. As to construction disputes, the employer has right to claim against the contractor or consultant within 10 years from the delivery of work, however, the case must be brought to court within 3 years after the discovery of the defect.
  7. For obligations arising out or in connection with commercial activities between traders, the time-bar is 10 years;
  8. The liability arising from a harmful act or a tortious act must be brought to court within 3 years. The harmful act may be from an overt action or omission in violation of a law or contract.
  9. The claim against air carrier and its related entities must be made within 2 years following the arrival of the plane, or the date the plane supposed to arrive or the day the carriage service was stopped.
  10. The UAE Marine Code also provided specific time limits for action relevant to the carriage and marine services; 1 year for charter party claims; 2 years for pilotage and towage claims; 2 years in marine collision claims; and 2 years for marine insurance claims.

There are other specific time-bars in other laws in the UAE and in each Emirates but the list above are the ones that are prevailing in the current time.

Take note however that time bars do not extinguished the liability or the claim but merely impedes a person from enforcing the same.

cyber bullying insulting law in dubai uae

Cyberbullying, Insulting, Hurtful comments in Social Media is a crime in Dubai UAE.

Under several UAE statutes, insulting someone, making fun of anyone or commenting hurtful things against somebody in social media is a crime in Dubai UAE that comes with a severe penalty.

As per UAE Federal Law No. 3 of 1987 (Penal Code) and Federal Law No. 5 of 2012 (Cyber Crimes Law) a person found to be liable of defaming another using social media, short messaging services or internet messaging applications may be imprisoned for a period up to two (2) years and can be meted with a fine of up to Three Million Dirhams depending on the gravity of the offense and the aggravating actions made in connection with the crime.

Aside from facing criminal persecution, a person may also be liable for damages especially if the recipient of the damaging comments or insult is a member of good standing in the community and such comments offended one’s reputation and social standing.

In one case, a tenant made some harmful and discriminatory comments against a landlord using the online messaging application WhatsApp, following an argument over the terms and conditions of the leased property. The landlord suffered severe anxiety and sleepless nights because of the comments and his reputation was also put in jeopardy because the message was sent to a third party.

After reviewing the incident, it was adjudged that the tenant is guilty of defamation under the Penal Code in relation to Cyber Crime Law. The tenant was found liable for damages for his discriminatory and insulting statements.

If you ever received similar comments or utterance resembling a crime under the aforementioned statutes, you may contact Al Reyami Advocates and Muhyealdeen International Legal Consultants and we will help you get the justice which you deserve.

extradition request

Extradition request in the UAE

Extradition request in the UAE | How to do the legal process

1- The law governing the extradition process is under Federal law No. 39 (2006) which is about International Judicial Cooperation in Criminal matters
2- Anyone residing in UAE can make an extradition request against the accused or the person who has committed a crime.
3- To process the request of extradition, a treaty has to be signed between UAE and the country of extradition and the provisions of such treaties may include additional requirements
4- For the extradition to be considered in the UAE, the offence should also be considered a crime in the country of the accused.
5- If the offence of the accused relates to execution of custody, then the custody should be no less than six months for extradition
6- Interpol is the body through which a request can be made against the accused.
7- The severity of the crime will decide the type of notice to be issued. For serious offences and crime the red notice is given to the accused.
8- Notices issued by Interpol are official and has an international effect and the accused can be held under custody.
9- If the crime in the UAE is under a different name, description or has other components then the extradition country, it will not be considered the same

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extradition law in dubai

Extradition Requirements in UAE

Extradition Requirements in UAE | Extradition Lawyers in Dubai

Extradition is the process of handing over the person to a country where he or she was involved in an illegal activity.

In order for a person to extradited from one country to another, the act the person is accused of must be considered a crime both in the country requesting the extradition and in the country the accused is in currently.

The process involves signing an agreement between the countries for the person to be extradited. This is done via Interpol by issuing what is known as a ‘Red Notice’. A common misconception is that Interpol track down and arrest individual but, this is not the case. If a red notice has been issues, the accused can be detained pending an extradition application. Only once the extradition application has been approved can a person be sent to the country that made the request.

Clearly the issue of a red notice via Interpol can only be for crimes of a serious nature including fraud and counterfeit. There have been cases publicized even last year where red notices were requested illegally. UAE Banks, for example, cannot legitimately request a red notice to a European country for a bounced cheque. This is because bouncing a cheque is not considered a crime in Europe. Incidents were reported where the requesting bank illegally changed the crime from ‘bouncing a cheque’ to ‘fraud’. Although the accused were arrested, they were not extradited as it was demonstrated during the extradition application that the request was not valid.

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intellectual property law in dubai

Law of Intellectual Property in Dubai

Intellectual Property Law in Dubai | Intellectual Property Lawyers in Dubai

Intellectual property refers to every and any creation of the mind. That could be an artistic work of literature or music, a symbol or design, a word or phrase or even a new discovery or invention.

Under UAE law, the creator of something has absolute rights over it. This means that it cannot be publicly distributed or used without the explicit approval of the owner. Anyone who does use that property without the owner’s permission could face fines from AED 20,000 to AED 50,000, up to two months’ jail, or a combination of both.

In the case of non-profitable organizations (like public libraries where literature is distributed for free) there are limitations to the extent of applying the same intellectual property rights (specifically regarding public service). This does not dissolve all elements however and in the event of a serious breach, the ‘owner’ has the right to file charges.

Any change to intellectual property made without the consent of the owner is illegal and only the owner has the right to determine how his intellectual property is publicly distributed or used.

This is an important point to note, even where permission is granted, as altering or changing any element of that intellectual property could have serious legal consequences.

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consumer protection law in dubai

Consumer Protection Law of UAE

Consumer Protection Law of UAE | UAE Consumer Rights

A consumer, by definition, is anyone who purchases goods or services for personal use and Consumer Protection Law exists to manage or improve consumer confidence and the relationship between consumers and the business community.

To protect consumers in the UAE from any fraudulent activities and over-pricing, there is a federal law no. 24 of 2006 which clarifies the rights of a consumer.

The rights of a consumer are as follows,

a- The consumer has the right to demand a healthy and non-hazardous environment.

b- He or she should be aware of their legal rights with easy access of information and through designated awareness programs.

c- A consumer has the right to express and share their opinions to enhance the products or services available in the market place.

d- They have the right to choose from multiple goods and service providers available in the market and can demand that they are furnished at a reasonable price and quality.

e- They should be provided with detailed knowledge of a product including (but not limited to) expiry and comprehensive listing of ingredients for example.

f- To be kept safe from any products or services that may causes harm or damage to their health or person.

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traffic law in dubai

New Traffic Offence Laws in the UAE

Dubai Traffic Laws | Driving Rules in Dubai UAE

Traffic laws were amended in July this year 2017 with the intention of increasing road safety and reducing accidents caused by driver error. This entailed the addition of some new rules and regulations which if broken will be considered a criminal offence. The 17 new traffic offence laws are as follows,

1- Maximum allowed limit for window tinting is set at 50%.
2- Using a privately registered vehicle for commercial use is an offence.
3- Violent or abrupt changing of lanes (swerving) can attract a fine.
4- Three wheeled vehicle or quad bikes are not allowed in the public highways and can lead to a fine and vehicle confiscation.
5- All children under the age of 4 must be secured in a child car seat.
6- Noisy vehicles (by modification or by lack of maintenance) can attract a fine.
7- Failure to register your vehicle and have valid insurance is punishable by a fine and vehicle seizure.
8- Ignoring or jumping traffic signals will get you a fine and confiscation of the vehicle.
9- Overloading a vehicle beyond its passenger capacity can lead to a fine.
10- Failure to collect your vehicle after seizure will attract further fines.
11- Tailgating. Leave a safe distance between your vehicle and the vehicle in front of you.
12- Fine and confiscation for reckless and careless driving.
13- Fine and confiscation of vehicle for driving with damaged or unsafe tires.
14- All occupants of a vehicle must wear a seat belt (in the front and rear of the vehicle).
15- There is a fine for using a cell phone while driving. This applies to calls and texts.
16- Speeding which includes exceeding the defined limits can incur a fine and possible confiscation of the vehicle.
17- Zero tolerance for driving under the influence of alcohol, there is a fine and a jail term including confiscation of your vehicle.

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accident law in dubai

Accident Injury in UAE

Accident Lawyers in Dubai UAE | Personal Injury Lawyers in Dubai

Road accidents can be a harrowing experience for anyone and is likely to result in some form of injury ranging from minor to very serious or even death. UAE Law does make provision for an injured party to make a compensation claim provided the accident was not their fault.

Where an accident happens while commuting by a taxi or bus, the injured party can claim compensation for personal injury from the insurance company that is covering the vehicle operator. Psychological or emotional damage and stress cannot be reversed as such but claiming compensation could ease the burden to some degree and assist in recovery.

Generally the victim may claim for,
1- Property damages
2- Medical expenses
3- Moral loss

The amount or value of ‘damages’ a person sustains will be calculated based on the intensity of the harm caused and extent of the other persons (usually the driver or vehicle operator) role in causing that damage. The damages may include destruction damage or loss of clothing, jewelry, or any other property of the victim lost and, moral harm (often referred to as psychological or emotional damages).

The amount to be recovered from damage varies on the basis of,
1- Medical expense incurred
2- Victims income
3- The Victims Age
4- Severity of injuries sustained and moral damage

Road accidents being considered by the court for compensation claims are made up of 3 constituents, the fault, the damage and the connection between them. In general, there is not a pattern or set calculation to follow for the recovery of such losses. Discretionary power has been given to court to decide on these matters in reaching judgement on the claim.

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