Q: I gave a person 250,000 AED as a cash loan. I got a signed IOU letter with two witnesses. Later on, the borrower gave me cheques for 100,000 AED and gave me a letter stating that this was partial payment of a bigger loan. When the cheques bounced, I started a commercial case for 100,000 AED on the basis of the cheques, won it, and started an execution case. Then I made a new commercial case for the remainder of 150,000 AED on the basis of the 250,000 AED IOU. I won the first instance and the appeal level. I lost at the honorable cassation court. The cassation court ruled that this new case for 150,000 AED was a repeat of the old 100,000 AED case and should not be judged again. It was RES JUDICATA. What options are left for me? Do I lose my right for the remainder of 150,000 or only lose the right to pursue it legally? What steps should I take to recover my remainder of 150,000 AED? Thank you!

Q: We had a commercial case from our client after he breached the agreed completion period. He claimed more than what he has paid as an advance and we have proved that the work is done close to the advance received. The court has given the judgement to pay back part of the advance received against the work completed but we are not happy with the judgement as we have incurred losses due to the extended execution period. During the court sessions, we have defended ourselves for the claims made by the client and we haven't been to the court of cassation. Referring to the res judicata, can we open a new case for the damages incurred along with the loss of profit for the termination of the contract as he delayed the project beyond the agreed execution period? We have even delivered the required materials to the site for execution. He has blocked our license and in the interim, can we request the court to settle the payment to the client in small monthly instalments?

Q: I have a professional company with a civil license. It is formulated as per the UAE civil transactions law and special artisan act of Dubai. I have a court case in Dubai courts and it was registered as a commercial case. There are some differences between the commercial company law and civil transactions law. For example, a partner of a commercial company cannot make agreements and contracts with any family relative without the approval of all partners, but the civil transactions law does not mention any such restriction and only states that a partner can give work to anybody. Which law is applicable to a civil company in a commercial case? Is there any advantage or difference in requesting the court to re-file this case as a civil case since the company has been formulated under civil transactions law?

Q: If a case is rejected by the supreme court, can we re-appeal?

An interview-format article covering the topic of payment orders in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.