Questions & Answers
Will the court rule based on the expert’s higher report or my lawyer’s lower claim?
Dear Sir/Madam,
I am currently involved in a court case against a developer who failed to fulfill his obligations under our contract. My lawyer filed the lawsuit at the beginning of the case, claiming the return of the amounts I paid.
Later, the court appointed an expert. The expert has now issued his report and concluded that the developer owes me a much higher amount than what was originally claimed by my lawyer, as the expert also included items such as lost profit and other damages.
I am confused and would like your guidance: in my situation, will the court’s decision be based on the expert’s report, or only on the lower amount requested by my lawyer in the lawsuit?
Thank you very much for your advice. The court is in Shajrah.
The court will consider the expert’s report seriously, but it cannot award more than your claimed amount unless your lawyer requests an amendment to include the higher amount identified by the expert.
Updating your claim based on the expert report is usually the best strategy to recover the maximum compensation.
Dear Client,
Thank you for your message and the detailed information!
In UAE courts, the expert’s report holds significant weight as it provides an independent, technical assessment of the damages and claims in your case. However, the court is not strictly bound to the amount originally claimed by your lawyer; it considers the expert’s findings carefully, along with all other evidence and submissions.
Key points to consider:
- The court usually bases its decision on the expert’s report, especially if it includes a thorough analysis of all damages, including loss of profit and additional compensations.
- Your lawyer’s original claim sets the groundwork, but the expert report can justify adjusting the claim based on factual and evidentiary insights.
- If you believe the expert’s report is accurate and favourable, it can strengthen your position in court by legitimizing a higher amount than initially claimed.
- However, if there are concerns or inaccuracies in the expert’s report, you or your lawyer can formally object and request the court to reconsider or appoint a new expert.
- Ultimately, the court exercises discretion in weighing all evidence, including the expert’s report, your lawyer’s submissions, and both parties’ arguments.
- Given the expert has concluded a higher amount owed to you, it is generally beneficial to support the court’s decision to consider this updated figure to maximize your rightful compensation.
If you need detailed legal advice tailored to your case or assistance in preparing submissions based on the expert’s report, please let me know.
Best regards,
Abdul Wahied
The correct strategy in your case is to request the court’s permission to amend the claim amount to align with the expert’s findings.
This way, you will not lose the benefit of the higher compensation that has been established in your favor. Timing and proper drafting are very important here to avoid procedural objections from the developer.
In your current case in the Sharjah Civil Court, the court's decision is primarily based on the expert report submitted by the court, not the lower amount your lawyer requested at the outset of the lawsuit.
The expert report represents an independent judicial ruling that reflects the expert's technical opinion on the case and takes into account all aspects of the dispute, including lost profits and other damages not calculated in the original lawsuit.
Dear Inquirer,
In UAE courts, the judgment is usually limited to the amount and claims specifically requested in the lawsuit, even if the expert’s report shows a higher entitlement. To benefit from the expert’s findings, you may need to amend your claim or take further legal steps.
As this depends on the stage of your case and court procedures, we recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy so we can review your file in detail and guide you on the best course of action.
Best regards,
Thank you for contacting us via Legal Advice Middle East!
Your question is very important, and we have managed several cases in Sharjah where the expert’s report valued the claim higher than what the plaintiff originally asked for.
In one nearly identical case, the expert confirmed additional losses, but the court could only award the amount specifically requested in the lawsuit because the lawyer had not amended the claim.
There are two possibilities in your situation. If your lawyer does not amend the statement of claim, the court will generally be bound by the lower amount originally requested, even if the expert assessed higher damages.
If, however, you submit a request to amend the claim to reflect the expert’s findings, the court can then rule for the higher figure. The hidden risk is assuming that the court will automatically adopt the expert’s full valuation without a corresponding amendment — in practice, the court will usually not exceed the relief claimed.
The most strategic step is to ask your lawyer to promptly file an amendment to the claim before the judgment stage, so that the court is legally entitled to award you the higher amount established in the expert’s report.
Our office has successfully secured such amendments for clients, ensuring they received the full compensation calculated by the expert rather than being limited to the original figure.
To guide you precisely, we would need to review your statement of claim, the expert’s report, and the current procedural stage of your case in Sharjah.
Our multilingual consultants are available in Arabic, English, Russian, Hindi, and Chinese to assist you.
Dear User,
The court cannot award you more than what you officially requested in your lawsuit, even if the expert has proven that you are entitled to a higher amount.
You can amend the statement of claim to include the higher amount indicated in the expert’s report.
However, if the judgment is issued based only on the original amount, you can file a separate new claim for the additional amount.
For more details, we hope you contact us via this number [-----------].
Dear Questioner,
Thank you for your email!
In UAE civil proceedings, the court-appointed expert’s report carries significant weight and will be carefully considered by the judge.
However, the court is generally bound by the amount and categories of damages stated in the original statement of claim. This means that, even if the expert’s report shows a higher figure, the judgment will typically be limited to the amount your lawyer initially claimed, unless the claim is formally amended.
If you wish to benefit from the higher amount identified by the expert—such as the inclusion of lost profit or additional damages—your lawyer should submit an application to amend the statement of claim before the court closes the case for judgment. Additional court fees, calculated as a percentage of the increased claim, will apply.
I recommend you discuss this promptly with your lawyer to ensure the amendment can be filed in time before the Sharjah court issues its decision.
Best regards,
Mohammed Salah
Legal Consultant
Dear questioner,
The court's primary goal is to reach a fair and just decision based on all the evidence presented.
While the initial claim provides a starting point, the court is not strictly bound by it, especially when compelling new evidence emerges. The expert's report, having been commissioned by the court itself, carries significant weight and is often considered a reliable basis for a final judgment.
Your lawyer can amend the claim as well. If you need more details, kindly share your WhatsApp number.
Dear Questioner,
Thank you for reaching out regarding your case against the developer in Sharjah. Based on the expert report and the UAE legal framework, it is highly advisable to proceed based on the expert’s findings.
UAE courts, particularly in construction disputes, give substantial weight to expert reports, which often influence the court’s final decision, including compensation for lost profits and other damages.
Given the complexity of your case and the significant amount involved, it is crucial to engage an experienced law firm to represent your interests effectively and ensure the best possible outcome.
To move forward, please send us the following via email or schedule an appointment to meet us:
- Copy of the expert’s report,
- Original contract and any amendments,
- Correspondence with the developer, and
- Court documents related to your case.
Timely action is essential to protect your rights and maximize the compensation you may be entitled to. Once we review your documents, we can provide precise guidance and take the necessary steps to secure your claim.
Looking forward to your email or booking confirmation.
Best regards,
Adv. Rihan Raheem
Senior Legal Consultant
Based on your situation, it is very important to handle the matter carefully at this stage. While the court-appointed expert has issued a report confirming that you are entitled to a much higher amount than what was originally claimed, the court will not automatically award this unless your legal pleadings are amended to reflect the expert’s findings.
We can:
• File an amended statement of claim (pleadings) with the court to include the new amounts and damages highlighted in the expert’s report (such as lost profit and additional compensation).
• Represent you in all hearings before the Sharjah Court to ensure your rights are preserved.
• Once judgment is obtained, we will also open an execution file against the developer, because obtaining a judgment does not automatically mean you will receive your money — the execution stage is the most critical part, and it is one of our core areas of expertise.
Professional Fees
Our full legal fees for handling this matter, including amending your lawsuit, representing you before the court, and pursuing the execution proceedings until collection, is AED 10,000 only.
This ensures you have complete legal representation from now until you actually recover your money from the developer.
Dear Sir,
Thank you for reaching out to us!
We appreciate the opportunity to assist you with your legal concerns.
Upon reviewing your inquiry, we believe a detailed discussion would be beneficial to address your specific needs and provide tailored guidance. To facilitate this, we are pleased to offer a complimentary 15-minute consultation, which can be conducted online at your convenience.
To schedule your session, kindly contact us via: [-------------].
Hurry immediately to amend the claimed amount so that it matches the expert’s report, and pay the difference in court fees.
The court usually relies on expert reports, and it is rare for it to disregard them. However, if you do not request the increase, the court will only award the amount you originally claimed. The court system is based on the claims for which fees have been paid.
