Questions & Answers - Legal Advice Middle East

Claiming cheques amount from abroad after being cheated by a partner

Q: sir, I am residing in Kuwait. One of my wife`s friends cheated me with a cheque of RAK Bank, Sharjah of a sum of 120,000 Dirhams which he owed me in 2018. He was running a general trading company. There is also another cheque of commercial bank of Dubai with a sum of 150,000 dirhams. He closed down the company by the end of 2016. When I ask him regarding the money, he tells me that he doesn`t have the money now and whenever he has, he will give me. Both cheques are without specified dates. As I am staying in Kuwait, I don`t have an account in Dubai. I did not present these cheques to banks as I don`t have an account and also if I present them, I won`t be having any evidence if the banks keep them. Which way can I proceed as this guy cheated me? Kindly advise! Thanks! M.T.

Lifting a ban imposed for placing a wrongful absconding case

Q: Sir, I have a ban imposed for absconding but I did not abscond. I was terminated and I have the related documents to prove it but my passport was in Dubai Courts for bailing my brother and I have the letter from the court to prove that too. Is there any possibility that I can appeal to lifting my ban and get back to the UAE? I have lived all my life there, finished my school and college then worked for 11 years for the said company that had imposed this ban on me. Kindly advise me on this and please note that my visa is from Sharjah. Thank you

Closing a case to avoid unnecessary interrogation when traveling

Q: I had a case in Sharjah in 1998. I served 3 months imprisonment and was deported. I came back after 1 year to Dubai and worked for 6 years and exited Dubai. I came to Dubai 1 year ago and I was held in Dubai airport immigration for a while mentioning that the Sharjah case file is not closed. They told me that before next time I come to the UAE, I should close the file because it will cause unnecessary interrogation. Now I want to come to Dubai by this weekend, I would require the assistance of a law firm to close the file and remove it from the system. Please reply!

Checking for an arrest warrant after escaping

Q: Hi! Is it possible that I will be arrested in Dubai if the police called me to go to the station and give a statement to file it to the court and I escaped the country in purpose after the call? If I have custody, could that cause me to lose it? And what are the risks if I returned to Dubai?

أتعاب المتابعة المدنية لبلاغ شرطة خاص بشيك

س: السادة المحامون، لدي شيك بدون رصيد بقيمة 20000، قدمت بلاغ للشرطة. كم الأتعاب لمتابعته مدنيًا؟ شكرًا لكم!

الامتناع عن إعطاء المحامي أتعاب المحاماة التي حكمت بها المحكمة

س: امتنع المحامي عن إعطائي الربع القانوني بعد صدور الحكم بسبب رفضي إعطائه أتعاب المحاماة التي حكمت لي المحكمة بها والاقتصار على دفع أتعابه بموجب اتفاقية الأتعاب. يقول أن له الحق بأتعاب المحكمة والأتعاب التي اتفقنا عليها. ما الحل القانوني لهذه المشكلة؟

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تقديم شكوى ضد شاهد زور بعد ثبوت كذبه أمام النيابة

س: ادعى عليّ أحد الأشخاص بأني سببته، وبعد استجوابي من قِبل النيابة تبين كذب شاهد الإثبات وأن الشاهد لم يكن موجود أصلاً. أُسقطت القضية، هل يحق لي في هذه الحالة تقديم شكوى ضد شاهد الزور؟

The procedures of issuing a power of attorney

Q: What is the process involved in providing Power of Attorney? I am traveling out of the country for good. I would like to know the procedures to issue a POA to follow up on the execution proceedings of my labor partial case for which a verdict was already pronounced.

The liability of a partner for loans after leaving the company

Q: Hi, I am a 50% partner in a company and now I am going to leave it. I removed my name from the license and the memorandum of agreement. The company has a previous loan from the bank. After leaving the company, am I still liable for the bank loans? Or shall I obtain an undertaking letter from my partner and our local sponsor?

Claiming compensation for mild concussion because of a vehicle crash

Q: Hello, I was being transferred to Dubai airport by an Emirati chauffeur who crashed into the back of another vehicle. I continued on with business flight to West Africa, but had double vision briefly, continuous headaches and stiffening of neck and back. Upon arrival, I asked to be seen by a company doctor who diagnosed me with a mild concussion and I was ordered to take bed rest which impacted my timetable. The headaches continued for 3 days, though I returned to my itinerary on the next day after an additional examination. Can you please tell me if I can claim compensation and what is the process?

مطالبة صاحب العمل بالرواتب المتأخرة وتكاليف الفيزا

س: السلام عليكم ورحمة الله وبركاته، أعمل نجارًا وقد اتفقت على أجر 120 فى اليوم، وحينما أتيت من بلدي، خُصِمت مني 8 آلاف درهم تكاليف الفيزا. بعد ذلك صار الأجر 80 درهم فى اليوم. العقد الرسمي 1300 في الصرافة وباقي الحساب بينه وبين الكفيل. حدثت بعد ذلك مشاكل مع الكفيل ولم أذهب إلى العمل لمدة شهرين ورفعت شكوى عمالية أطالب فيها بالأشهر غير المدفوعة وهم 6 أشهر وثمن الإقامة 8 آلاف درهم. هل ستحكم المحكمة بالرواتب؟ هل ستحكم لي المحكمة بتكاليف الفيزا؟ وما المدة التي تستغرقها المحكة؟ وهل يمكنني توكيل محامى؟ وما التكاليف؟ آسف على الإطالة! شكرًا!

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The possibility of delaying the delivery of an off-plan property for a year

Q: Does Dubai law have any regulation concerning the off-plan delay for one year? Can I cancel the contract?

Paying the fine of a bounced cheque online without going to the court

Q: I have a travel ban due to a bounced cheque. Can I pay fine immediately without going to court after the launch of the online services? Kindly advise me or call me via phone.

Filing a case against an employer because of payout reduction

Q: The company I work for was sold at a loss. The employer is saying that the employees need to accept a reduction in their payouts to share the burden. The employer is not based in the UAE. If I go to court and win, what can I do to ensure that the employer will pay if he is not based in the UAE and he says that he does not have money to pay?

Suing a seller for selling a defective car

Q: I bought a car on Tuesday at 10 pm, I paid 11000 AED in cash and 17500 AED via bank transfer. At 6.40 am the next day, the car`s engine failed within 10 mins of driving it. ADNOC car testing service in Mushrif said the car was misfiring. The garage had to replace 4 spark plugs & ignition coils. It costs 1500 AED. The car key doesn`t work either. The seller assured me he would fix it, but he didn`t. Electrical key shops said that the battery couldn`t be replaced because it is soldered shut and it would damage the whole key and only a dealership can sort this. The dealership told me that it is not possible to change the battery on this key and I would need a replacement instead. This costs 1500 AED. I put the 17500 bank transfer on hold pending the outcome of these situations. I contacted the seller to renegotiate the deal and he threatened me over the phone instead. What are my legal rights here? Should I file a civil case immediately or attempt to resolve the case with the seller directly?

Leaving work upon resignation before the end of notice period

Q: I am on a renewed limited contract and I submitted a resignation with 2 months notice period. Now, I can not render my 2 months notice period because the new company that I found can not wait for 2 months. Will this resignation that I gave still have an effect if I file a complaint to the labour that my salary is delayed for 1 month?