What does the expert report include in a property dispute? - Q&A - Legal Advice Middle East

Question

Q: What does the expert report include in a property dispute with a developer from whom I purchased an off-plan villa? A: Article 252 of the UAE Civil Procedure Code grants power to the UAE courts to grant provisional relief. The content of the expert report is based on the order given by the court…

Rajasree Ravivarma · Accepted Answer

Dear Questioner, I assume that the above-mentioned is a court-appointed expert. Article 252 of the UAE Civil Procedure Code grants power to the UAE courts to grant provisional relief without notice to the defendant. These discretionary orders are granted on the basis of documentary evidence filed by the applicant. In addition to the above, obtaining a report from an expert approved by the court can sometimes enhance the claimant's position and also can evaluate the strength of the case and act upon it accordingly. The content of the expert report is based on the order given by the court. In brief, once the expert receives an order from the court which clearly states the subject matter of the expert report [on what the expert is to provide a report on], the expert shall meet with both parties and request them to provide relevant documents so that the expert can investigate the matter based on which he shall file his report (in Arabic) before the court and provide both parties with a copy. The parties will have an opportunity to pass comments on the expert’s report. In practice, the court widely depends on the expert report while adjudging the case. Hope the above explanation could give an insight into the expert appointment and related procedures. Please feel free to reach out to me if you need any further assistance. Thank You! Regards, Rajasree Ravivarma

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