A New Judicial Precedent Against the Abuse of Litigation Rights

___

Case Background: A Confirmed Debt and Deliberate Obstruction of Enforcement

The dispute arose when the defendant executed an official Acknowledgment of Debt in favor of our client in the amount of AED ***, with a binding commitment to pay on a specified date. However, once the payment deadline had passed, the defendant unjustifiably failed to pay, prompting our client to initiate enforcement proceedings through the Dubai Courts.

Instead of fulfilling his legal obligation, the defendant embarked on a series of malicious and obstructive actions, including filing an enforcement objection, filing an appeal, and initiating a substantive enforcement dispute. These baseless steps extended over more than three and a half years, with no objective behind them other than delaying enforcement and frustrating our client.

A Turning Point: Compensation for Abuse of the Right to Litigation

For the first time with this level of clarity, the court applied Articles 282, 106, and 318 of the Civil Transactions Law, affirming that although litigation is a legitimate right, it becomes an unlawful act warranting compensation when exercised abusively, maliciously, or solely to cause harm.

Our office successfully demonstrated that the defendant’s actions had no legal basis and were undertaken solely to:

• Obstruct enforcement without justification
• Cause financial and economic harm to our client
• Deprive him of the opportunity to invest or utilize his funds
• Burden him with additional legal costs and attorneys’ fees
• Cause psychological and emotional distress through prolonged delay

Accordingly, the court ordered the defendant to compensate our client with AED *** for the damages incurred, in addition to legal interest at 5% annually from the date the judgment becomes final until full payment, and obligated him to pay all fees, expenses, and attorney’s fees.

The Significance of the Judgment: A Pioneering Step in Protecting Litigants

This judgment represents a significant step forward in establishing an important legal principle:

The right to litigation cannot be used as a shield for obstruction, malice, or harming others. Abusing this right constitutes an unlawful act that requires compensation.

We consider this ruling a notable judicial development, striking an essential balance between safeguarding the constitutional right to access the courts and preventing its misuse as a tool to prolong disputes and inflict harm.

Our Firm's Role in Achieving This Judicial Success

Our firm adopted a precise legal strategy relying on established principles of tort liability and consistent jurisprudence of the Court of Cassation. We demonstrated the presence of:

• The wrongful act
• The damage suffered
• The causal link between the abusive conduct and the harm

All of which contributed—by the grace of God—to securing this landmark ruling.

Conclusion

Our unwavering belief that justice is only achieved by restoring rights and protecting individuals from procedural abuse continues to drive our innovative legal approach to safeguard our clients.

This ruling stands as a legal milestone in the firm’s journey and a renewed testament to our commitment to combating all forms of procedural misuse and upholding the rights of those we represent. 

Written by:

Shaban Mohamed Hegazy | Ali Ibrahim Advocates & Legal Consultants