How does the court en­sure that law­suit set­tle­ments are paid?

The National - News - - NEWS | EMIRATES - HAS­SAN ELHAIS

Q If the court rules in favour of the claimant, what does it do to en­sure pay­ment is re­ceived? And is there pun­ish­ment for non-com­pli­ance? A Ex­e­cu­tion of fi­nal and en­force­able judg­ments are car­ried out from the premises of the Court of First In­stance un­der the su­per­vi­sion of the ex­e­cut­ing judge and as­sisted by ex­e­cut­ing of­fi­cers. The ex­e­cut­ing judge has ex­clu­sive ju­ris­dic­tion re­gard­ing en­force­ment of judg­ments and de­ter­min­ing all ob­jec­tions and dis­putes in the course of ex­e­cu­tion of pro­ceed­ings. As soon as the ex­e­cu­tion ac­tion is filed, the judg­ment debtor is served an ex­e­cu­tion deed as stip­u­lated in the Civil Pro­ce­dure Code. The no­tice states in clear terms what the debtor is re­quired to do within 15 days. Fail­ing the full pay­ment to the judg­ment cred­i­tor, the cred­i­tor can seek an at­tach­ment or­der against the debtor’s prop­erty or as­sets or ap­ply to de­tail the debtor.

What is the court that deals with com­mer­cial cases?

The Com­mer­cial Court deals with com­mer­cial cases. This court has two cir­cuits – the mi­nor cir­cuits con­sist of a sin­gle judge who looks into com­mer­cial claims with a value of less than Dh100,000 and counter cases re­gard­less of their value. The sec­ond cir­cuit is the ma­jor cir­cuit, which has three judges and is presided over by one of them. The ma­jor cir­cuits look into com­mer­cial claims, the value of which are ei­ther not es­ti­mated or are greater than Dh100,000, as well as the counter cases – re­gard­less of their value. Af­ter the first in­stance court judg­ment, the judg­ment can be ap­pealed be­fore the court of ap­peal within 30 days. The time limit be­gins from the day af­ter the judg­ment is an­nounced. If the de­fen­dant did not at­tend or plead in trial, the 30-day limit starts on the day the judg­ment is served. The lit­i­gant par­ties (those in­volved in the law­suit) can chal­lenge the judg­ment is­sued by the Courts of Ap­peal be­fore the Court of Cas­sa­tion if the value claimed in the ac­tion ex­ceeds Dh200,000.

If you have a ques­tion for our le­gal con­sul­tant, email me­dia@pro­fes­sion­allawyer. me with the sub­ject line ‘Know the law’.

Has­san Elhais is a le­gal con­sul­tant with Al Rowaad Ad­vo­cates and Le­gal Con­sul­tants.

The ad­vice pro­vided in our col­umns does not con­sti­tute le­gal ad­vice and is pro­vided for in­for­ma­tion only. Read­ers are en­cour­aged to seek ap­pro­pri­ate in­de­pen­dent le­gal ad­vice.

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