Questions & Answers - Legal Advice Middle East

التعويض المناسب في حالة التشخيص الخاطئ

س: السلام عليكم، عاملة رجعت من الشغل وجدت ذراعها وأصابعها لا تتحرك. ذهبت إلى طبيب علق لها محلولاً وطلب الراحة لمدة ٢٤ ساعة. بعد المحلول لم تستطع المشي وذهبنا للطوارئ في مستشفى خاص رفض الحالة، ثم ذهبنا لمستشفى حكومي وكان التشخيص جلطة في المخ ومن الخطأ ما فعله طبيب العيادة. ما التعويض المناسب؟ الذراع لم يتحرك.

What happens if a tenant can't leave on the RDC's evacuation date?

Q: Dear Sir/Madam, What are the repercussions if a tenant is unable to vacate on the evacuation date given by RDC? He submitted a request in the system to extend the date, which is pending approval.

My wife filed for divorce and lost then left the kids and country. What can I do?

Q: My wife put a divorce case and lost, then appealed, and lost again. The Court ordered her to go home for kids. She left the country without informing me after that leaving her kids. Now she applied for khula from outside the country. My case finished on 6 April 2023. She already didn`t obey the court and ran out of the country. Now she applied for Khula also. Should I apply for the execution of the previous order or desertion case?

Can the tenant complain about me for suspending his electricity due to rent non-payment?

Q: Hello, My tenant didn`t pay for 1 year and kept on having bounced cheques. I filed RDC and he got an eviction case then the eviction date was set. He still refuses to leave after that and complained about why I cut his DEWA. Can he complain about me for suspending his electricity?

هل يسقط الحكم الغيابي بمرور الزمن؟

س: السلام عليكم، لدي حكم ضدي بسبب إصدار شيك بدون رصيد (سنتان حبس مع بطاقة جلب محليًا ودوليًا) صدر في سنة 2016. اعترضت وقدمت ما يفيد الخلاص الجزئي، المبلغ 450000 درهم دفعت منهم 435000 درهم، لكن لم أستطع الحضور في الاعتراض وتم الحكم كأن الاعتراض لم يكن. المستفيد من الشيك استغل وجودي خارج الإمارات ورفع دعوى شيك بدون رصيد رغم أني كنت أدفع له لخلاص جزئي ولدي إيصالات تفيد ذلك قدمهم المحامي في قضية الاعتراض لكن خفت من الحضور. سؤالي: هل يسقط الحكم الغيابي بمرور الزمن؟ ومتى؟ الحكم الغيابي في 2016 والاعتراض في 2016. شكرًا!

How long does it take the court for disbursement labor dues after payment by the employer?

Q: Hi there, I have a labor case that has been ruled in my favor. I filed an execution case & the employer paid the outstanding balance to the court. I requested disbursement and this has been accepted. I have given the court my IBAN & account info. How long does disbursement take? Thanks

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How to claim a refund back from an immigration agency that failed to deliver services?

Q: My husband & I applied to migration services hoping to have a chance to work in Canada. After months of waiting, we decided to withdraw our application & refund the money as per the contract. We need to wait for 24 weeks before we can claim. 1-Jun-22 is our schedule but till now 18-May-23, we didn’t receive it. They always send emails to reschedule the refund. Since we are going on vacation, we consider collecting whatever recovery they have which is 2500 each but then they send an email saying that we have only 2000. I replied & corrected them but instead, they sent an email saying we have only 1500. We were really losing hope as they keep on changing their statement. So when we meet in their office we record whatever promises the staff has given us but when they found out that we are recording they said all our entitlement for refunds is forfeited because of this action. A total of 8000 dirhams for both of us is due for a refund. Our only purpose in the recording is to have evidence of their promises. Thank you

How can I get the money I lent to a friend who refuses to pay it back?

Q: Dear Advisors, One of my friends borrowed AED 22,500 from me on March 2022. He said he will return the money in one month, but he didn’t. I asked many times. After 3 or 4 months he started paying gradually. On September 16, 2022, he paid a total of AED 16,500 and promised he will pay the remaining AED 4000 as 1000 every month. But he is not returning my balance amount of AED 4000. Now it`s been almost 10 months he never shows up and hardly responds to the call. Every time commit to paying it off the next week or next month, but all just lies. He lives in Dubai and runs a marketing business. Every time he keeps changing the date. I have WhatsApp chatting. How can I get my money back? Please help, your prompt response will be highly appreciated. Thanks!

I applied for bail for my husband and it was approved. What will happen next?

Q: I applied for bail for my husband and it was approved. Kindly advise me on the way forward after bail approval.

When to execute a final labor judgment and how does it cost?

Q: Dear Sir/Madam, I just received a final labor judgment. Is there a time frame within which I must start the execution file? And how many days do I have after the verdict date to start the execution file? Finally, please provide a quote for managing the execution process from start to finish.

كيف أقدم شيك مدير للمحكمة لرفع منع السفر؟

س: السلام عليكم، كيف أقدم شيك مدير للمحكمة لرفع منع السفر؟ وما الصيغة؟ سأقدم منازعة موضوعية لبطلان دعوى لتنفيذ شيكات، ولكن أريد رفع منع السفر لحين البحث في القضية والنزاع. كيف يمكنني تقديم شيك مدير للمحكمة مقابل رفع منع السفر؟ وكم يستغرق من الوقت؟ وهل أتجه للمحكمة أم المعاملة الرقمية؟

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How to bail somebody in police custody for a hit-and-run accident?

Q: Good evening One of my friends hit accidentally a school child while reversing the taxi. He checked the child and she was perfectly free from injury. He did not go to the police as all the people surrounding him told him he can go. This man left there but the child`s parents complained to the police and filed a case. Now this man is in police custody for 2 days. How can I help this man to get out of this problem?

In case of resignation, is the annual leave payment calculated on the basic or total salary?

Q: Hi All, I have decided to resign from my employment and take up a job with a new employer. The offer letter has been signed and I have been given my start day for the 8th of June. I have two questions. My employer has told me that my unused 10 days of annual leave will be calculated on my basic salary of 10,000 AED. However, my total allowances including my basic salary are 18000. 5,053 for housing, 2,000 for transportation and mobile phone, and 842 for others. So how should my employer be calculating my unused annual leave, on basic or total? Also, I have a loan and credit card with no missed payments. Will my accounts be blocked after my visa is canceled and waiting for my new visa to come through?

I was admitted to hospital emergency and my insurance claim was rejected. Who pays?

Q: I had an accident one year ago and the ambulance took me to one of the expensive hospitals in Abu Dhabi. My insurance claim was rejected and there is no police case also. Now what should I do? Who will pay for that?

Is it possible to appeal after few months of case finished?

Q: Is it possible to appeal after few months of case finished?

Can the visa of the wife be extended after losing the husband sponsorship?

Q: Dear Lawyers, I need clarity as to whether a divorcee visa is still applicable specifically in the Abu Dhabi emirate subsequent to the divorce for a woman who has been granted child custody during the divorce judgment. I am aware that a one-year grace period was granted to divorced women in the past as part of the divorcee visa but I am unsure if the law is still active as of today.