Dr. Hassan Elhais

Published in: Khaleej Times

Awatif emerged victorious in another high-stake case involving a claim of AED 20 million, for a major property developer in Dubai.

Khaleej Times recently reported a case wherein an investor sued a real estate developer over a deal involving multiple apartments situated in Dubai, worth AED 38.3 million. After making payments of over AED 23.5 million to the developer for the purchased property, and selling the properties to third parties, the investor demanded a refund of AED 20.5 million, in addition to compensation and interest, stating that the re-sale value of the property was affected due to the money not being received through an ESCROW account. The Awatif team was able to successfully prove that the act did not amount to a breach of contractual obligations.

Dr Hassan Elhais, legal consultant at Awatif Mohammad Shoqi Advocates and Legal Consultancy stated that that although the money was not received in the escrow account, it was not sufficient grounds to claim refund of the money especially after the units were already delivered to the investor who subsequently resold them. Dr. Hassan Elhais also pointed out that the court had confirmed that no harm has been proven due to not receiving the money in the escrow account, especially as the investor demanded the refund without even asking for termination of the Sale and Purchase Agreement (SPA).

Published in: Khaleej Times

For the father, this means much more than a legal victory. It means bedtime stories, shared weekends, school drop-offs, and memories that would have otherwise been lost to his roster

After a long legal battle that involved several courts, a Belgian father has won the right to spend equal time with his three-and-a-half-year-old son. This victory came despite a demanding job that once stood in the way of nurturing his son.

The story begins in November 2024, when a Belgian man and his Italian wife, both longtime residents of the UAE, finalised their divorce. Their son, born in 2021, became the subject of an emotional and complex custody battle.

In the first appeal, the mother sought full custody, arguing that the father’s profession as a co-pilot with a major UAE airline meant he was frequently away, making consistent parenting difficult.

The court initially agreed and on December 31, 2024, it granted the mother full custody. The court allowed the father one hour of supervised visitation twice a month.

“The court believed that his demanding work schedule and frequent travel made him unavailable for active parenting,” said Dr Hasan Elhais, legal consultant at Awatif Shoqi Advocates & Legal Consultancy.

Unwilling to accept limited access to his son, the father challenged the ruling in the Abu Dhabi Court of Appeal. However, on February 12, 2025, the appeal was dismissed. “The court maintained that there was no legal justification to revoke the mother’s full custody and again noted the father's inconsistent availability due to his work,” added Dr Elhais.

That could have been the end of the road. However, Dr Elhais and his legal team believed in a different path, one that recognised modern parenthood and the importance of both parents in a child’s life.

“We weren’t asking to take custody away from the mother. We asked the court to consider a fairer solution, shared custody that respected both parents' rights and the child’s psychological needs,” said Dr Elhais.

The case was taken to the Court of Cassation, the UAE’s highest judicial authority. On April 23, 2025, in a decisive ruling, the court overturned the previous judgments and ordered a flexible visitation schedule that would give the father equal time with his son.

In its verdict, the Court of Cassation stated that joint custody should not be denied simply because one parent has an unconventional or irregular job. “The mere fact that the father works as a pilot and has an irregular schedule cannot be used to marginalise his role. This is a profession, not a disqualification,” the court said in the judgment.

The judgement marked a significant shift in how parental roles are viewed in custody cases in the UAE. It ruled that both parents must coordinate in good faith, taking into account the child’s school calendar and the father’s flying schedule, to ensure the child benefits from meaningful interaction with both parents.

The father's legal team hailed the ruling as a landmark moment in the evolution of family law in the UAE. “It not only reaffirms the principle of joint parental responsibility but also sends a message that being a devoted parent is not defined by a nine-to-five schedule,” said Elhais.

For the father, it means something much more than a legal victory, it means bedtime stories, shared weekends, school drop-offs, and memories that would have otherwise been lost to his roster.

Published in: Khaleej Times

The case revolved around a Murabaha agreement in which a bank demanded more than Dh1.3 million in unpaid dues from a customer

In a landmark decision that sets a powerful legal precedent, the Abu Dhabi Court of Cassation has dismissed a bank’s financial claim against a customer due to the absence of valid guarantees, reinforcing consumer protection and the importance of compliance with lending laws.

The ruling, issued on April 14, by the Second Commercial Circuit of the Court of Cassation, clarified that banks are not entitled to file debt recovery lawsuits unless proper and legally binding guarantees are in place, as stipulated in Article 121 (bis) of Federal Decree-Law No. 23 of 2022 — an amendment to the Federal Law No. 14 of 2018 governing the Central Bank and financial institutions.

The case revolved around a Murabaha agreement (Islamic financing structure) in which a bank demanded more than Dh1.3 million in unpaid dues from a customer. While the Court of First Instance initially dismissed the case, the Court of Appeal later ruled in the bank’s favour.

However, following a cassation appeal filed by the customer’s legal team from Awatif Shoqi Advocates & Legal Consultancy, the Court of Cassation overturned the appellate decision and reinstated the original dismissal, siding once again with the customer.

Legal consultant Dr Hasan Elhais, representing the defendant, welcomed the ruling and emphasised its long-term implications. He said: “This decision reinforces the importance of securing legally sufficient guarantees before granting any lending facility."

He clarified that salary transfers — commonly used by banks as informal security — are not considered valid guarantees on their own. “Unless supported by other binding legal instruments, salary transfers do not fulfil the legal requirement under Article 121 (bis),” Elhais explained.

He described the verdict as a major win for consumer rights. “This precedent provides essential protection for individual borrowers and ensures that banks follow proper legal procedures before filing claims. It’s a step forward for financial fairness and transparency.”

The ruling sends a strong message across the UAE banking sector: Without proper, documented guarantees that reflect the borrower’s financial capacity and the size of the loan, debt recovery claims may not stand in court.

“This is a judicial victory not only for our client, but for all consumers in the UAE who may be exposed to unsecured financial demands,” noted Elhais, adding, “The law is clear — no valid guarantee, no claim.”

Published in: Khaleej Times

The wife contested the court's authority, arguing that divorce proceedings were already underway in both the UK and Dubai

In a landmark legal ruling, the Abu Dhabi Civil Family Court has declared jurisdiction over a divorce case involving an American husband and his British wife, rejecting claims of competing cases filed in other jurisdictions.

The decision, issued in January this year, clarified that a family guidance application pending before another court does not count as a formal legal case, unless it is officially registered with a case number.

The husband, a US citizen living in Abu Dhabi, filed for a no-fault divorce and joint custody of the couple’s two children, aged 11 and 5. The marriage took place in Cyprus. His wife contested the court's authority, arguing that divorce proceedings were already underway in both the UK and Dubai.

She failed, however, to provide any proof of an active case in the UK and admitted that the Dubai filing had only reached the family guidance stage. The Abu Dhabi court dismissed her objection, stating that the Dubai family guidance file was not officially registered as a court case until December 9, 2024 — five days after the husband filed his claim in Abu Dhabi on December 4. Legal consultant Dr Hasan Elhais of Awatif Shoqi Advocates, who represented the husband, welcomed the ruling.

"This judgment reinforces that courts must base jurisdiction on valid legal filings, not informal or preliminary applications," he said.

Determining jurisdiction

Dr Elhais said the court accepted the husband’s Abu Dhabi residency based on his lease agreement on Reem Island, in line with Article 17 of Law No. 13 of 2021. “The decision ensures that justice is not delayed by procedural tactics and confirms that Abu Dhabi has clear authority in this case," he added.

He also highlighted the broader impact of the ruling: “It draws a clear line between administrative steps, like family guidance, and formal judicial proceedings. Only properly filed cases can determine jurisdiction.

"The court further ruled that Abu Dhabi's civil divorce procedures do not require prior referral to family guidance, based on Articles 6 and 7 of Law No. 14 of 2021. Either spouse can file for divorce without needing to prove fault or harm. Because the couple’s children are both under 16, the court also activated joint custody under Article 26 of the same law. As no appeal was filed within the legal timeframe, the ruling is now final and legally binding."

Published in: Khaleej Times

The Dubai Commercial Court has dismissed a Dh20.5-million lawsuit filed against a real estate development company for allegations of financial mismanagement.

A 52-year-old Emirati plaintiff lodged the case against the real estate development company and its expatriate manager, aged 46.

The case revolved around the plaintiff's claim of financial mismanagement and failure to deposit funds into the project's escrow account.

The plaintiff alleged that he had paid Dh23.5 million toward purchasing units in a real estate project in Dubai’s Al Barsha area.

He accused the defendants of not depositing Dh20.5 million into the project’s escrow account, resulting in financial damages.

However, a court-appointed financial expert determined that the real estate company completed the project and that the plaintiff had resold most of the units for a profit, negating any claim of financial loss.

Dr Hassan Elhais, Legal Consultant with Awatif Shoqi Advocates & Legal Consultancy, which represented the real estate company, highlighted the ruling’s consideration of contractual obligations.

"This ruling underscores the importance of relying on contractual obligations and factual evidence when dealing with complex commercial disputes," said Dr Elhais.

"The court found no wrongdoing on the part of our client, as the evidence demonstrated that the project was completed, and the plaintiff suffered no harm."

The expert report also revealed that the plaintiff himself had defaulted on payments for several units, with checks bouncing due to insufficient funds.

Additionally, the plaintiff had entered into a settlement agreement in early 2023, during which he successfully sold most of the units in question.

"The court rightly concluded that our client fulfilled their obligations under the contract, completing the project as agreed," added Dr Elhais.

The court’s ruling concluded that there was no breach of obligations by the defendants and ordered the plaintiff to cover all legal costs of the case.

Published in: Khaleej Times

In its final ruling, the court mandated the issuance of the required permit approvals to the municipality, provided the development aligns with zoning guidelines

A UAE court has ruled in favour of the complainant in a complex mortgage and construction rights case involving a local bank, delivering a decisive win after a three-month legal battle.

The ruling from Al Ain’s Court of First Instance, the Commercial Circuit, mandates that a local bank headquartered in Abu Dhabi and the Urban Planning Department of the Abu Dhabi Municipality facilitate the businessman’s right to proceed with his project, overturning the bank’s previous resistance.

The dispute centres on the complainant’s efforts to develop an investment project on his 6,426-square-foot plot in Al Ain’s Al Muwaiji area.

In April 2018, the businessman secured the land with a mortgage, intending to add new buildings and increase its value.

However, despite meeting contractual and regulatory requirements, the bank declined to provide the necessary endorsement to the municipality to approve construction permits.

This refusal effectively stalled the businessman’s project, resulting in substantial financial setbacks.

After failed attempts at resolution, he filed a claim on August 13, 2024, seeking compensation for the loss, amounting to Dh100,000, along with the issuance of approvals to move forward with the project.

Dr Hassan Elhais, legal consultant at Awatif Mohammad Shoqi Advocates & Legal Consultancy, representing the complainant, said that the bank’s refusal was unjustified and in breach of contractual obligations, especially given that he had already submitted a feasibility study affirming the viability of the project.

During legal proceedings, the court assessed detailed records, feasibility reports, and legal arguments regarding the bank’s obligations under UAE mortgage laws.

In its final ruling, issued on October 31, 2024, the court mandated the issuance of the required permit approvals to the municipality, provided the development aligns with zoning guidelines.

“The ruling is a significant step in protecting the rights of landowners within mortgage structures,” said Dr Elhais.

“This case underscores the legal support available to investors in the UAE, ensuring that financial institutions adhere to contractual commitments, especially when they impact property development rights,” he stated.

The verdict is subject to appeal before November 30.

Published in: Khaleej Times

A 47-year-old Australian man has been acquitted by the Dubai Misdemeanours Court after being accused of using a forged university degree to secure a senior position at a Dubai hospital and receiving substantial salary payments under allegedly fraudulent circumstances.

The man, who was hired in June 2017 as a human resources manager with a reported monthly salary of Dh40,000, was accused of submitting a counterfeit master's degree certificate, reportedly from a prestigious American university, during the hiring process.

The alleged forgery came to light in November of the same year when hospital officials, during a routine verification process, flagged the degree as suspicious after contacting the issuing institution. This revelation then led to the man’s termination, an internal investigation, and formal charges filed against him.

Prosecutors claimed the "forged degree" was a deliberate attempt to deceive the hospital and secure the high-ranking position. According to court records, the document was presented as his evidence of advanced academic qualifications, which were a requirement for the role.

However, the Australian national's defence, led by Dr Hasan Elhais, a legal consultant at Awatif Mohammad Shoqi Advocates in Dubai, maintained that his client acted in good faith. “Our client was unaware of any irregularities in the degree certificate. He submitted it in good faith as part of the standard onboarding process.”

“There was no direct evidence linking our client to any act of forgery. The prosecution has not demonstrated any intent or involvement on our client’s part in knowingly presenting a forged document," he explained.

The court ultimately ruled in favour of the accused, noting that the prosecution had failed to provide conclusive evidence to prove the forgery charges beyond a reasonable doubt

The verdict highlighted the lack of intent and underscored that other documents, including the man’s employment history, did not support claims of deliberate fraud or malpractice.

With no appeal filed within the designated timeframe, the acquittal is now final.

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Published in: Khaleej Times

She was also cleared of charges of physical assault against her ex-mother-in-law

A 36-year-old French woman has been acquitted of charges relating to the theft of her ex-husband’s laptop, which allegedly contained cryptocurrency trading accounts worth over $1 million.

She was also cleared of charges of physical assault against her ex-mother-in-law, related to the same incident.

The rulings, issued by Dubai's criminal courts in July and September respectively, were in the woman’s favour after the court reviewed the evidence presented by both the prosecution and defence. The courts concluded that there was insufficient proof to convict her of the alleged crimes.

The charges originated from an incident on January 26, 2023, when the couple was still married. Her then-husband accused her of preventing him from entering their apartment in Al Barsha and damaging the laptop.

He further claimed that six months later, she assaulted his mother during an altercation at the same apartment.

The laptop, which allegedly contained cryptocurrency trading accounts valued at Dh5.5 million, was said to be dedicated to paying employees of a company owned by the ex-husband.

According to court documents, the Romanian complainant

claimed the woman took the device while they were still married. He also stated that, after obtaining a police permit to retrieve his belongings from the apartment, the laptop was missing.

The defence, however, argued that the French national was wrongfully accused, presenting substantial evidence to support her innocence.

Her legal consultant, Dr Hassan Elhais from Awatif Shoqi Advocates argued: “The accusations were based on circumstantial evidence. Our client had no motive or opportunity to commit such crimes, and the technical evidence does not directly implicate her.”

In a separate case involving the same woman, she was also found not guilty of assaulting her ex-mother-in-law. The mother-in-law had accused her of initiating a physical altercation during a custody handover for the couple's child.

The defendant denied the allegations, asserting that her ex-mother-in-law forced her way into the apartment, violating an agreement that required the handover to take place at the building’s reception.

The woman explained to the court that, following her custody victory, the agreed-upon arrangement required her ex-mother-in-law to wait at the reception for the child. However, according to the defendant, the ex-mother-in-law disregarded this and entered the apartment forcefully.

The court dismissed the assault charges, citing insufficient evidence and noting the ongoing personal disputes between the parties.

Elhais remarked, "Our client has been vindicated on these accounts, and we are grateful for the court’s thorough examination of the facts in both cases.

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Published in: The National

A Dubai resident who was caught with cannabis-infused chocolate has been acquitted of drug possession charges based on the latest legal changes in the UAE.

The man from China, 25, landed at Dubai International Airport’s terminal 3 on February 11 after returning from a holiday in the US.

After being pulled aside for a customs check, officers found four bars of chocolate and 20 e-cigarettes in his luggage. When asked about the items, he said they contained tetrahydrocannabinol and cannabidiol oil.

Further tests confirmed the man had consumed hashish prior to his arrival.

He was taken into custody then referred to the public prosecution where he was charged with using and possessing drugs for personal use.

Pending trial, the man spent more than two months in detention.

He admitted using and possessing hashish but at the Dubai Criminal Court the man’s defence team argued the irrelevance of his confession in light of the latest legal updates.

"Based on the legal changes and specifically article 96 of the updated anti-narcotics law, prosecutors should not have referred this case to the court in the first place," said Dr Hassan Elhais from Awatif Mohammad Shoqi Advocates & Legal Consultancy, representing the man.

“The offence our client was being charged with has been decriminalised in the UAE.”

On August 15, judges cleared the man of the charges.

Changes to the UAE's drug laws limited criminal action against people found to be carrying products that contain cannabis extracts.

According to the reforms that came into force last January, items including medicine and food that have traces of the drug, such as THC compound, will be seized and destroyed, but those carrying them will not be prosecuted.

The rule applies to first-time offenders.

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Published in: The National

The British man was sentenced to death by Abu Dhabi’s criminal and appeal courts before the verdict was revoked

A Briton sentenced to death by two Abu Dhabi courts for selling drugs to an undercover policeman has won an appeal against the verdict.

The man, 54, denied a charge of possessing drugs with the intent to sell but was convicted and handed the death penalty by Abu Dhabi Criminal Court.

The sentence was later upheld by the emirate’s appeal court.

Abu Dhabi’s Federal Supreme Court has revoked the death sentence of a British man. The National Abu Dhabi’s Federal Supreme Court has revoked the death sentence of a British man. The National A Briton sentenced to death by two Abu Dhabi courts for selling drugs to an undercover policeman has won an appeal against the verdict. The man, 54, denied a charge of possessing drugs with the intent to sell but was convicted and handed the death penalty by Abu Dhabi Criminal Court. The sentence was later upheld by the emirate’s appeal court.Now Abu Dhabi’s Federal Supreme Court has revoked the ruling and ordered a new panel of judges hear the case again, at a date to be fixed.

The mechanic was arrested after selling Dh125,000 worth of heroin to an undercover officer in Naif, Dubai, in March, 2018.

His lawyer told judges the man was a victim of circumstance.

“His need for money was taken advantage of by other men,” said legal consultant Dr Hasan Elhais of Al Rowaad Advocates.

The case was tried in Abu Dhabi because it involved a drug trafficking charge.

A second defendant, 45, from Pakistan, was arrested for supplying the Briton with the drugs he sold.

“I was stranded in Oman and called a friend in the UK asking to borrow money from him,” the British man said.

“My return ticket had expired and I needed a new one to return to the UK for surgery.”

But his friend offered him a one-time job in return for a payment of more than Dh3,500.

“He told me it was in Dubai, so I took the bus and headed there.”

The Pakistani man met him and gave him money and a package.

The following day, both men were arrested after a Dubai policeman posing as a customer bought two kilograms of heroin from them.

“I had never dealt in drugs. This was my first time, and I only did it because I needed the money,” the British defendant said.

During questioning, the Pakistani defendant told investigators he was given the drugs by two other men.

The pair, from Iran, were arrested.

All four were charged with possessing drugs to sell.

The British and Pakistani defendants were handed the death penalty by the criminal court while the other two were cleared of the charge.

“We appealed because many procedural errors happened during the course of the case,” said Dr Elhais.

But the sentence was upheld by the appeal court in April of this year.

A second appeal was filed, taking the case to the Supreme Court.

“The arrest procedures being invalid is one of these procedural errors,” Dr Elhais said.

“Another is that records didn’t clarify if the panel of three judges were unanimous in their verdict, which is mandatory when passing a death penalty in the UAE.”

Dr Elhais told Abu Dhabi’s highest court the testimony of the undercover policeman, being a Pakistani citizen, should have been taken in the presence of a legal translator. This did not happen.

Judges were told the Briton's record is clear of any previous drug-related charges.

"Also, a panel of judges heard the case at the beginning but then a different panel took over and issued the verdict, which is inconsistent with the law," Dr Elhais said.

The lawyer said he will request his client be acquitted when the case is next heard.

It is not yet known in which court the case will be held.

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