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The appeal law in Abu Dhabi, within the United Arab Emirates (UAE), is a part of the litigation process wherein a decision made by a lower court is reviewed by a higher court. The aim of an appeal is to rectify any errors or oversights that may have occurred during the initial trial. It's worth noting that the Court of Appeal in Abu Dhabi only re-evaluates the legal aspects of a case, not the factual aspects.
If you feel the decision of a lower court was unjust or if a legal error led to an unfavorable outcome, you might want to consider appealing the decision. It is important to note that the appeal process is complex and requires a comprehensive understanding of UAE’s law structure - this is where a lawyer's expertise becomes crucial. A sound lawyer can help you identify grounds for appeal, understand the chances of success, and navigate through the intricate legal appeal paperwork and proceedings in Abu Dhabi.
As per the UAE's Civil Procedure Code, the time limit to lodge an appeal against a judgment is 30 days from the date of notification of the judgement. Exceptions apply for certain cases like labour law disputes, where the appeal period is shorter. It’s also significant to note that the judgement will be considered final if it is not challenged within the prescribed period. Also, any new claims or evidence cannot be presented before the court during the appeal process; only those presented in the lower court are considered.
The appeal court after receiving the application can confirm, amend or cancel the lower court's judgement. The judgement of the appeal court is called 'the appealed judgement'. Most of these judgements are subject to another appeal before the Court of Cassation in Abu Dhabi, the highest appellate court in the UAE.
Most cases can be appealed unless they pertain to judgments from courts of first instance in minor disputes, small claims, and labour cases with a claim value of less than AED 20,000. These are considered final and are not subject to appeal.
Any person who was a party in the original lawsuit or has a direct interest in the outcome of the case can file an appeal. This includes defendants who are seeking to overturn the judgment or plaintiffs who are not satisfied with the decision.
The process begins with the submission of an appeal request to the Court of Appeal. The request must include the final judgement details, the reasons for appeal, and the desired changes to be made in the judgement.
In certain situations, the judgement may be enforced despite the appeal, unless the execution is stayed by the Appeal Court. This usually depends on the nature and urgency of the case.
For further information or assistance, you may consider reaching out to the Judicial Department in Abu Dhabi in person or via their official website. The UAE Government's official portal also provides extensive information about the law and court procedures. Furthermore, legal support services and law firms specializing in Appeal can provide additional support and advice.
If you require legal assistance in an appeal, the first step is to consult a qualified lawyer who specializes in appeal law in Abu Dhabi. The lawyer will review your case, guide you regarding the appeal prospects, and help you navigate through the appeal process. Remember to initiate this process within the set time frames to ensure your right for an appeal is not waived.
