Did you know that in 2023, over a third of cassation appeals in Dubai Courts were successful? That’s right – 35% of people who took this final step got a different outcome. At AK Advocates, we’ve seen how a well-crafted cassation appeal can turn a case around when everything seems lost.
Maybe you’re holding a court decision that just doesn’t feel right. You’ve tried appealing once, but something still isn’t sitting well with you. We get it – that’s exactly where a cassation appeal comes in.
What’s Special About a Cassation Appeal?
Think of a cassation appeal as your final chance to say “wait, let’s look at this again.” It’s not just any appeal – it’s different. Our legal team often explains it this way: while your first appeal looked at both facts and law, a cassation appeal focuses purely on how the law was applied to your case.
I remember when Senior Judge Ahmed Ibrahim Saif of the Dubai Court of Cassation put it perfectly: “The Court of Cassation is like a guardian, making sure the law is applied the same way for everyone in Dubai.” This really captures what makes these appeals so important in Dubai’s legal system.
Can You File a Cassation Appeal?
Let me share a real story that might help you understand. Last month, we helped a small business owner who’d lost a AED 600,000 contract dispute. The lower court had misinterpreted some key commercial laws, but through a cassation appeal, we got the decision overturned.
Here’s another example: A property developer came to us after losing a major case about construction regulations. By spotting how the Court of Appeal had misapplied real estate laws, we helped them get a fresh hearing through the cassation process.
Time Is Not Your Friend
Here’s something crucial you need to know: you’ve got just 30 days after receiving the Appeal Court’s decision to file your cassation appeal. We can’t stress this enough – miss this deadline, and you lose your chance, no matter how strong your case might be.
Getting your appeal ready isn’t simple. You’ll need a licensed lawyer (that’s where we come in), and you’ll have to pay court fees between AED 2,000 and AED 20,000, depending on your case value. But don’t let these numbers scare you – what matters is protecting your rights.
What Happens After You File?
The Dubai Court of Cassation does things differently than other courts. First, they do a thorough check of your appeal – and this part’s trickly. About 25% of appeals don’t make it past this first look because of technical issues. That’s why having experienced legal help really matters.
If your appeal passes this first check, the court digs deeper into your legal arguments. From our experience, winning appeals usually show clear legal mistakes – like when a lower court misapplied a law or didn’t follow proper procedures.
What Could Happen to Your Case?
We’ve seen all sorts of outcomes in cassation appeals. Sometimes the court says, “The original decision was right.” Other times, they completely overturn it. And sometimes, they say, “Some parts were right, but others need another look.”
Here’s a real example: We recently handled a case where the Court of Cassation found that while the basic decision was okay, the way the lower court calculated damages was wrong. They kept the main ruling but changed the amount our client had to pay.
The Dubai Courts Are Getting Better at This
Good news – the Dubai Courts have gone digital with cassation appeals. They’ve introduced something called the Smart Court of Cassation, which has sped things up quite a bit. What used to take forever now moves about 40% faster, though it’s still just as thorough.
Ready to Take Action?
Listen, we know the idea of filing another appeal might feel overwhelming. But here’s the thing – our legal team at AK Advocates has guided countless clients through this process. We know exactly what the Court of Cassation looks for and how to present your case in the best possible light.
Don’t wait until it’s too late. Those 30 days go by faster than you’d think. Give us a call at +971527313952 or +971558018669, and let’s talk about your case. We’ve got your back.
This article should not be considered legal advice. It is essential to consult with a qualified lawyer before taking any action.
