Questions & Answers - Legal Advice Middle East

Consequences of a bounced security cheque issued to bail a friend

Q: My husband wrote a guarantee cheque for a friend who was in jail. He had a reputable business and my husband assumed upon his release his friend would be able to access his frozen account and make repayments. The so-called friend ran away and left my husband with a bounced cheque of AED 1048000. There is a big case against his ex-friend from many he has defrauded, it has been in the newspapers and affected many innocent people. The cheque has obviously bounced and a case has been filed with the police. We never took a penny of this money and have all our statements to prove this. Unfortunately, the payee doesn`t care and wants money regardless, even though he knows the culprit has run away. 1. What is the process? 2. What are our options? 3. Could we get away with a fine? 4. If we present all the people who have been defrauded by this ex-friend to the court and our bank statements as proof, do we have a chance? 5. Will he go to jail and what kind of sentence is likely?

Debt claim from a company owner after the job is done

Q: I run an architectural firm in London, UK. One of our clients is a property broker based in Dubai who also has a UK based company that was set up specifically to pay our fees. He is the director of the UK company as well as the Dubai company. His company is refusing to pay us £12,000 that has been owed for work we completed over 12 months ago. Is it possible to lodge a claim against him personally in Dubai as I have a feeling he will just shut down his UK company if I pursue it through the UK courts? If so, what is the process and how much would the legal and court fees be? We have a contract signed by him, but on behalf of his UK company, and a lot of correspondences between us and his company trying to recover the money.

Claiming compensation for a labour accident from the company insurance

Q: I am seeking advice on behalf of my sister. My sister`s husband worked for a company in Dubai and was away on business in Singapore, on a free weekend he took a leisure trip to a Malaysian island and was, unfortunately, killed in an accident. The company said that the business insurance will not cover the accident due to it being a leisure trip whilst on business. They are also withholding access to his laptop, although it is a work laptop, she feels there might be important policies, accounts and documents on it that are online only with no paper documentation. She will need to visit the UAE to sort out his flat and belongings, close any accounts he may have had and visit his employer to recover any payments due and discuss insurance payments. She has asked me to see if I can find any legal advice relating to these matters and to ask if there are points to be wary of, and, once she is back in the UAE I guess she will need legal representation in these matters.

تعويض عن التأخير بتسليم شقة من شركة إعمار

س: السلام عليكم. أود استشارتكم بشأن شقة اشتريتها من شركة إعمار وكان من المفترض استلامها (حسب العقد) في مارس ٢٠١٧، و لكن قبل موعد الدفعة الاخيرة من المبلغ أعلمتنا الشركة أن تسليم المشروع تأجل إلى أكتوبر ٢٠١٨. وللأسف تلقينا منهم رسالة أخرى اليوم بتأجيل التسليم مرة أخرى إلى شهر مايو ٢٠١٩! نحن لا نريد استرداد المبالغ التي دفعناها ولكن نريد تعويض عن هذا التأخير. ولكم وافر الشكر

Filing a mercy petition at Dubai Ruler's Court to lift deportation

Q: Hi, I need to apply for mercy petition at Dubai Ruler`s Court for deportation removal. Case: forgery. Let me know the cost and process time, and is it possible to remove deportation or not? All files regarding my case attached. Thank you

Approximate fees for legal representation in debt recovery

Q: We are a car rental company based in Dubai and would like to file a few civil cases for unpaid dues. Could you please give us your best quote? Regards, Hassan Abdul Rehman

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Liability of company partners for bounced cheques

Q: Hi Mr Naser, I require help to sort out my father`s legal issues pertaining to a company he had. There are dues with a bank in the UAE and his partner who was also a signatory on the cheques has managed to remove his cases and has left my father to deal with the liabilities, albeit he was the one who misused the company funds. I have two questions, 1) How can someone who was a partner of a company absolve themselves of al legal recourse albeit their signature is on all bounced cheques? 2) Would your law firm be able to help with getting the cases resolved and getting my father`s business partner take the responsibility for his share of liabilities? Thank you

The legal way of serving a notice

Q: Good morning I have a bit of an academic question. Does the UAE law allow for parties to agree on modes of service other than personal? My reading of articles 8 and 9 of the Civil Procedure Code seems to set out a general rule of personal service, but article 9 allows for the parties to otherwise agree. Is this correct? Cheers B. A. Thomas

How to avoid a legal action for the non-fulfilment of a contract

Q: Hi Attorney Ahmed. Do you offer a free consultation? I have a complicated case which I am not sure what to do.

Filing a divorce case against husband for committing adultery

Q: After living in Dubai with my husband and son for 3 years, I recently found him in our bed with another woman. I moved into a hotel and he blocked my bank accounts, took my car, cut off my phone and left me to make my own way back to the UK and sort everything out. He has also blocked my UK accounts and doesn`t money back. I have a lawyer here but has cost me £5000 already and has achieved nothing. I am struggling to serve divorce papers in Dubai and I have to pay costs there too. He lives in Dubai but works in Abu Dhabi. Our 3 children are over 18 and living in the UK. I did not work in Dubai and he financially supported me. We jointly own a house in the UK which I am now living in but has a mortgage. Could you let me know what I am entitled to from his assets and if there is any legal help for me there so I know what his rights are too? I want to know also the criminal implications for him in Dubai for committing adultery. I have photos of them both in our apartment. Kind regards, Joanne

ضمان المبيع بعد إنكار البائع لعيب خفي

س: أنا اشتريت غرفة نوم قبل 10 أشهر ومدة الضمان خمس سنوات، والآن قواعد السرير انكسرت لأنها مصنوعة من حديد ضعيف جداً تحت الخشب الذيً توضع فوقه المرتبه. والآن يقولون أنهم لا يتدخلون في تصليح القواعد، وأن الضمان لايشمله. سألتهم : أين أَجد هذا الكلام والفاتورة غير مكتوب فيها أنه لايشمل كل شي، قالوا تجد هذا الكلام في الختم الذي على الفاتورة، واكتشفت أن الفاتورة عندي غير مختومة ولا يوجد دليل على أن غرفة النوم ليست ضمان شامل. السؤال: هل أستطيع أن أقدم شكوى عليهم بأن فاتورتي غير مختومه وبذلك آخذ حقي لأنه لا يوجد هناك دليل على عدم وجود شيء ينص بخصوص الضمان؟

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Time needed for approving quota and issuing visa

Q: Dear Sir, Would you please tell me how much time a company needs to get a visa? I received a mail from a company, "Currently we are on the 1st stage of the visa process, where we are waiting for the approved quota and after will send you the offer letter provided by the Ministry of Labor". How many days I`ll wait? Regards

Assistance with employment laws while setting up a company

Q: We want to set up our company in Dubai. Could you please assist me with the employment laws for a small level company?

Punishment for alcohol possession in the UAE

Q: My brother age of 29 is in police custody for 1 month now for possession of 20 beer bottles and he is a Muslim. What are the procedures or further process that will be carried on, and will he be deported from the UAE to his country or not?

Consumer complaint for false information on a product

Q: Dear all, good day. I am based in the UAE and I am a Muslim. I recently bought packet noodles from a shop here. It says BEEF NOODLES in English but the ingredients are written in Chinese. While I took a few bites, my friend went through the ingredients (she can read Chinese) and said it says there is pork in it. Being a Muslim, this is against my religion and I would like to seek compensation. Is there a valid case? Thank you Imran

Claiming entitlements from the employer upon resignation

Q: Dear Sir/Madam, I have been working in a Dubai free zone company for the last 3 years as a security guard. For almost 1 year, I have been working without any days off. It is mentioned in my contract that I have to work 48 hours a week and 3 hours fixed overtime. But after working for 1 year continuously, they started to give us 2 days off for 2 years. Now, I resigned from the company. The end of service department has told me that they`ll not give me that overtime. So can you guide me how can I get my overtime? Thank you