أسئلة وأجوبة
Can the court replace an expert report that ignored critical evidence?
Hi,
In a commercial case filed against me by my partner, an expert report has been issued against me, as the expert neglected my documents, even though they were critical evidence in the dispute.
I have submitted a memo to the court outlining my objections to the report. What are the chances of the judgment going against me?
Is there a possibility that the judge might return the report to the expert or appoint another one?
Lastly, if the judgment goes against me and I file an appeal, would the appellate court appoint a new expert?
Hello,
It is difficult to predict the outcome of a case without knowing all the details and evidence involved.
However, if you have submitted a memo outlining your objections to the expert report, the judge may take this into consideration when making their decision.
It is possible that the judge may return the report to the expert for further review or appoint a new expert to provide a second opinion.
If the judgment goes against you and you file an appeal, the appeal court may also appoint a new expert to review the case.
It is important to consult with a lawyer who is familiar with UAE law to advise you on the best course of action in your specific case.
Dear Questioner,
Thank you for reaching out regarding the commercial case and the expert report issued against you. Based on the information you’ve provided, here are the key points to consider moving forward:
1. Objections to the Expert’s Report:
Since you have already submitted a memo outlining your objections to the expert’s report, it’s important that the court reviews and considers the points you’ve raised, especially if there was critical evidence neglected by the expert. The court can take several steps in response to your objections:
The judge may request the expert to amend the report or clarify any discrepancies, especially if your objections are valid and backed by solid evidence.
If the judge believes that the expert's findings were based on incomplete or incorrect information, there is a possibility that the court will appoint a new expert to review the matter in more detail.
2. Chances of the Judgment Going Against You:
While it is impossible to predict the exact outcome, the court will consider your objections and the overall strength of the evidence provided.
The chance of the judgment going against you depends on how compelling your evidence and objections are in relation to the expert’s report.
If the expert’s oversight was significant, this could lead the court to favor your position.
However, if the court determines that the expert’s report is still valid despite your objections, the judgment could still go in favor of the opposing party.
3. Can the Judge Return the Report or Appoint Another Expert?
Yes, the court has the discretion to:
- Return the report to the original expert, asking them to reconsider the evidence you claim was overlooked.
- Appoint a new expert if the court believes that the current expert’s report is insufficient, biased, or based on incomplete evidence. This is more likely if the court believes the expert did not act impartially or failed to adequately review the relevant evidence.
4. Appeal Process:
If the judgment is unfavorable, you can file an appeal. In the appeal process, the appellate court has the authority to:
Appoint a new expert if there is sufficient cause to believe that the original expert report was flawed or incomplete.
The appellate court can also examine the validity of the expert’s report and assess whether the lower court made an error in relying on that report.
5. Conclusion:
The court will review your objections and may ask the expert to amend the report or appoint a new expert.
If the judgment is not in your favor, the appellate court may re-examine the expert report and appoint a new expert if it determines the initial report was inadequate.
Please let me know if you need any further assistance with this case or if you'd like to discuss the next steps in more detail.
Best regards,
Mohammed Salah
Legal Consultant
According to UAE law, if you have submitted a well-documented objection to the expert report, the court has the authority to either return the report to the same expert for reconsideration or appoint a new expert if it finds the report inaccurate or biased.
If the judgment goes against you and you file an appeal, the appeal court can also appoint a new expert or review the initial report.
For detailed advice and professional assistance with your case, feel free to contact us via WhatsApp.
Our firm specializes in commercial disputes and has extensive experience in handling complex cases. We would be happy to assist you in achieving the best possible outcome.
The outcome of your case is uncertain, and the judge's decision will depend on various factors, including the strength of your objections and the court's assessment of the expert's report.
If the judge finds your objections valid and believes the expert may have overlooked critical evidence, the judge might return the report to the expert for further review and consideration of your documents.
In some cases, if the court finds significant issues with the first expert's report or believes a fresh perspective is necessary, the judge might appoint a new expert to re-examine the evidence.
If the judgment goes against you, you have the right to appeal. The appeal court will review the case, including the expert's report and your objections.
While the appeal court may generally defer to the trial court's findings regarding the expert's credibility, they can still consider your arguments and potentially appoint a new expert if they deem it necessary.
If you need further clarification, you may ask us.
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
The chances of the judgment going against you depend on the strength of your objections to the expert report and the overall evidence presented.
The judge may choose to return the report to the expert for reconsideration or appoint a new expert if your objections are valid.
If the judgment is unfavorable and you file an appeal, the appeal court could appoint a new expert, especially if there are substantial grounds for challenging the original findings.
It's crucial to consult with us; we can provide specific advice based on your case. We can help you navigate the judicial process effectively and strengthen your position.
Thanks & Regards,
ABDUL WAHIED
In commercial disputes, expert reports play a significant role in guiding the court's decision. However, they are not binding, and the judge has the discretion to accept, reject, or question the report's findings.
1. Important Points to Consider
- Judges in UAE courts are not obligated to adopt the expert’s opinion fully.
- The court may rely on other forms of evidence, including witness statements, documents, and additional submissions.
- If the judge finds that the expert overlooked critical evidence or misinterpreted facts, the report’s weight can be diminished.
2. Objections to the Expert Report – Will the Court Reconsider It?
Since you have already submitted a memo objecting to the expert report, the following scenarios are possible:
- Court Returns the Report to the Expert:
The judge may direct the same expert to review your objections and reconsider the evidence that was initially disregarded.
This is a common practice, particularly if the objections are well-founded and supported by strong documentation.
- Appointment of a New Expert:
If the court finds the report significantly flawed, it may choose to appoint a new expert or committee of experts to provide a second opinion.
This typically occurs when the court feels the original expert may have been biased or lacked the necessary expertise.
- Court Decides Without the Report:
In rare cases, the judge may choose to proceed without relying heavily on the expert’s findings, especially if other compelling evidence contradicts the report.
3. Chances of the Judgment Going Against You
If the expert report forms the primary basis of the case and your objections are not addressed, the risk of an adverse judgment increases.
However, if you have provided strong counter-evidence and the judge identifies gaps in the report, the chances of the judgment being more favorable increase.
UAE courts value fair representation and procedural accuracy, so objections are taken seriously, especially if supported by legal counsel.
4. Filing an Appeal – Will a New Expert Be Appointed?
If the judgment goes against you and you file an appeal, the appellate court has broader powers, including:
- Appointing a New Expert or Panel:
The appellate court may decide to appoint a fresh expert to reassess the case if the initial expert report is deemed insufficient or biased.
- Reviewing the Lower Court’s Decision:
The appellate judge will closely examine whether the lower court properly considered your objections.
- Additional Submissions:
You will have the opportunity to present new evidence or arguments that further challenge the validity of the expert report.
5. Recommended Next Steps
- Strengthen Your Objections:
Ensure your objections to the expert report are detailed, well-documented, and legally grounded. Highlight procedural errors, overlooked evidence, or inconsistencies in the expert’s findings.
- Request Court Clarification:
If the court has not yet acted on your objections, consider submitting a formal request for clarification on how they plan to proceed.
- Prepare for Appeal:
If an unfavorable judgment is issued, begin preparing immediately for the appeal by compiling additional evidence and expert testimonies.
- Engage Legal Representation:
A legal representative can draft detailed objections and liaise with the court to ensure your concerns are addressed thoroughly.
6. Conclusion
While expert reports are influential, the UAE judicial system allows for significant flexibility in challenging their findings. Your proactive objections and legal submissions improve the chances of having the report reconsidered or replaced by a new expert.
Should you require further assistance in drafting objections, preparing for appeal, or legal representation during this process, I am available to guide you.
Best regards,
Omar Mosaad
Senior Legal Consultant
This depends on the reasons you mentioned for requesting the report to be returned to the expert or for replacing the expert.
If the requests are substantial, the court will likely return the report to the expert and request a supplementary report addressing the points raised in your memorandum. The same applies to the Court of Appeal.
If you submitted a memorandum, the court will consider it. Yes, you can appeal, but it is better to do so through a lawyer.
We can assist you in this matter. Please contact our senior legal consultant, Mr. Muhammad Abdullah, on WhatsApp for more details.
Your chances of a judgment against you may increase if important documents are left out of the expert report.
The judge may return the report for review or appoint a new expert if necessary.
If you appeal the judgment and it is against you, the appeals court may consider appointing a new expert, but this depends on the findings of legal errors during the appeal process.
