أسئلة وأجوبة
I filed a case against a person but the court ordered the payment of a smaller amount. Can I appeal?
I filed a case against a person who took my money and the court assigned an expert but the expert ignored more real evidence and reported to the court even though I sent a comment to the expert that I did not accept it.
Anyway, the court has given a decision and I won the case but for a smaller amount.
My question is can I appeal this judgment to get a correction on the amount or it is better to make a civil case for the amount again?
Greetings,
If you believe the court-appointed expert overlooked key evidence and the awarded amount is insufficient, you may have the option to appeal the judgment if the appeal deadline has not passed.
An appeal could lead to a reassessment of the awarded amount.
Alternatively, filing a separate civil case for the remaining amount might be an option, depending on the specifics of your case. However, this requires a thorough legal review to determine the best course of action.
To explore your legal options and ensure the right strategy, book a consultation with Future Vision for Advocacy and Legal Consultancy today!
Let us know if you’d like us to handle your case.
We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.
To contact us, you can call or WhatsApp us.
It will be better if we can file the appeal.
You can appeal on the grounds that the expert's report was flawed, and that the court's decision was based on an inaccurate assessment of the evidence.
We will clearly state how the expert report was wrong and provide the real evidence that was ignored. Filing a new civil case is technically possible, this option is generally less efficient and more time-consuming.
Furthermore, the court in the new civil case may give weight to the previous court's decision, and the expert's report.
We will discuss the possibilities in detail. Kindly share your WhatsApp number to proceed.
Dear A.,
Thank you for your query regarding the court judgment in your case. Based on the details provided, here are your options and considerations:
1. Appealing the Judgment
You have the right to appeal the decision of the Court of First Instance if you believe the awarded amount is insufficient or if the expert's report overlooked critical evidence. Key points to note:
- Timeframe: Appeals must be filed within 30 days from the date of judgment issuance under UAE Civil Procedure Law.
- Grounds for Appeal: You can challenge factual errors, procedural mistakes, or misinterpretation of evidence by the expert or court.
- Process: The Court of Appeal will re-examine the case, allowing you to submit additional evidence and arguments.
2. Filing a New Civil Case
If you believe that appealing may not address your concerns adequately, you could consider filing a new civil case for the remaining amount. However, this may lead to prolonged litigation and additional costs.
Which Option is Better?
- Appealing is generally faster and more cost-effective since it builds on the existing case and allows you to introduce overlooked evidence.
- A new civil case may be necessary if there are entirely new claims or damages not covered in the original case, but it could be more time-consuming.
Recommendations
- Consult with a legal expert to review your case details and determine whether an appeal or new case is more appropriate.
- If appealing, ensure all relevant evidence (e.g., documents ignored by the expert) is submitted during the appeal process.
- Act promptly to meet deadlines and avoid being time-barred from filing an appeal.
Should you require further assistance with this matter, please do not hesitate to reach out.
Best regards,
ABDUL WAHIED
Dear A.,
Thank you for reaching out with your question regarding your recent court case.
Based on your situation, here’s a summary of the options available to you:
1. Appeal the Judgment:
If you believe that the judgment issued by the court is incorrect, specifically concerning the amount awarded, you have the option to appeal the decision.
Since the expert ignored some of the evidence you provided and did not consider your comments, you may have grounds to argue that the expert’s report was incomplete or flawed.
If you can show that the expert’s conclusions did not accurately reflect all the evidence, the appellate court might review the decision and potentially adjust the amount awarded in your favor.
The appeal must be filed within the time limit set by UAE law, typically 30 days from the date the judgment was issued, so it’s important to act quickly if you choose this route.
2. Filing a New Civil Case:
Alternatively, you could consider filing a new civil case for the full amount you believe you are entitled to. However, this would be a separate legal process and would require new evidence and possibly additional legal expenses.
Filing a new case may be a more time-consuming and costly process, but it could allow you to seek the full amount in dispute without relying on the previous expert’s findings.
Recommendation:
Appealing the judgment seems to be the more efficient route if your primary concern is correcting the amount awarded and addressing the evidence that was not considered.
If you decide to appeal, it is recommended that you consult with us as a lawyer to review your case thoroughly and ensure that all aspects of the case, including the expert's report and your provided evidence, are properly addressed.
Please let me know if you need further assistance or wish to move forward with the appeal process. I can also help you assess the best strategy for your case.
Best regards,
Mohammed Salah
Legal Consultant
