Questions & Answers

س: مرحباً، عندي سؤال، إذا كان عندي قضية رابحة في المحكمة منذ سنتين والمشتكى ضده حـُـكم شهرين مع دفع ما ترتب عليه ولم يقدم استئناف، لماذا لم ينفذ الحكم إلى الآن؟

طلب استبدال الحبس بالغرامة في حكم بقضية قدح

س: صدر حكم بحبس ٣ أشهر دون تعويض مادي للمدعي بتهمة القدح والقاضي يرفض استبدال الحكم إلا بتنازل من المدعي، والمدعي يطلب مبالغ ضخمة للتنازل. ما هو الحل لتجنب الحبس؟

إمكانية استبدال غرامة شيك مرتجع بالمنع من السفر

س: السلام عليكم أستاذ ناصر لدي سؤال مستعجل بما يخص بلاغ ضدي على شيك مرتجع ( الشيك يخص إيجار سكن من إحدى الشركات العقارية ). حيث قامت الشركة بفتح بلاغ في مركز الشرطة وأنا عاطل عن العمل منذ سنة ولا أستطيع دفع قيمة الغرامة الجزائية لإسقاط التعميم مبدئياً والحصول على إقامة جديدة. سؤالي هو، هل أستطيع أن أُكفِّل نفسي بأن أطلب وضع منع سفر بدلاً من الغرامة ليتسنى لي إزالة التعميم و الحصول على إقامة جديدة؟؟

Forcing renewal upon the expiry of a limited employment contract

Q: I was working with a company in Abu Dhabi since 2014 and successfully completed my 2-year limited contract. Now, I sent a non-renewal letter to my company after finishing my contract, but they are forcing me to sign one more contract and not releasing me by saying that I am supervising many projects and I cannot leave suddenly. It is very important for me to go back to my country and solve my personal problems. kindly suggest, what should I do? I have already booked a complaint against them in labour but I am worried that through labour dept. it will take time as my employer always skip court hearings. Kindly suggest and also correct me if I am wrong, do the employee in a limited contract need to give notice period before the expiry of work permit?

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Child custody and application of travel ban

Q: My ex-husband and I just received the final divorce judgement from the court. I was granted custodianship of my daughter along with both her Jordanian passport and Canadian passport (I am her sponsor). If I wanted also to enforce a travel ban in the UAE, how much should this cost approximately? Or can I file it myself? Is it just an application request or an actual court procedure?

Claiming dues from employer upon forging signature on cancellation

Q: Hi, On the 29th of March 2017, my UAE (Abu Dhabi) visa has been cancelled by my employer and I never put my signature on papers to cancel the visa, due to my outstanding dues (AED 82000). But they had put my signature to cancel my visa. Thereafter, they have transferred me to Qatar and said we will settle your outstanding dues soon, but still, they have not settled the said amount. Now, I`m camping in Dubai with the help of a one-month visit visa to receive my outstanding dues. My employer is saying to go back to my hometown and they are promising that every month they will send AED 10000 to my account. However, this statement is not acceptable to me. I need my whole outstanding dues in one payment. Kindly advise me. Thanks, Ramaswamy Nadar.

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.

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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

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

VAT applicability on private passenger transport

Notarization of documents in the UAE

استعجال تنفيذ حكم صادر منذ سنتين