Your Complete Legal Guide to Appeals and Cassation
Introduction
The appeal process in the United Arab Emirates is one of the most important safeguards in the justice system. It gives parties the right to challenge court judgments and request a review before a higher court.
This ensures that justice is served by correcting any potential legal or factual errors made during the initial trial.
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What Is an Appeal?
An appeal is a legal procedure that allows a party to contest a court judgment if they believe the court misapplied the law or overlooked key evidence.
It provides an opportunity for fair reconsideration of the case to ensure that the judgment is legally sound and just.
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Types of Appeals in the UAE
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Appeal (Istinaf)
Filed before the Court of Appeal against judgments issued by lower courts.
Both facts and legal issues can be reconsidered.
Must be filed within 30 days from the date of judgment, unless otherwise specified.
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Cassation (Tamyeez)
Filed before the Court of Cassation, the highest court in the UAE.
Focuses only on legal errors, not factual ones.
Used to ensure correct interpretation and application of the law.
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Reconsideration (I’adat Nazar)
A special type of appeal applicable in exceptional cases, such as the discovery of new evidence or proof of fraud
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Step-by-Step Appeal Process
Review the judgment with a legal expert to assess the validity of the appeal.
Draft a detailed memorandum outlining the facts and legal grounds.
File the appeal before the competent court within the legal time limit.
Attend hearings and present supporting documents and legal arguments.
Receive the final ruling, which may confirm, modify, or overturn the previous judgment.
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The Role of Lawyers in Appeal Cases
An experienced appeal lawyer plays a crucial role by:
Analyzing judgments to identify legal or procedural errors.
Preparing persuasive appeal submissions.
Representing clients before higher courts.
Advising on settlement options or further legal remedies.
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Key Legal Tips Before Filing an Appeal
Always consult a qualified appeal attorney before proceeding.
Adhere strictly to the deadlines for submitting appeals.
Ensure your appeal is supported by strong legal grounds and evidence.
Keep copies of all case-related documents and correspondences.
