Civil Cases are filled for financial disputes. As per the latest law, now the cheque bounced cases are also filled in Civil Courts. Cheque Bounced Cases can’t be filled in criminal courts more. Civil Cases are filled for the compensations, or defamations or getting your financial rights back. For example:
- Financial Disputes Cases like profit issues, business liquidation issues, merger issues, frauds, forgery, scams.
- Civil Cases between Banks and Company or Company and Financial Institutes.
- Civil Cases for Compensations and Defamations.
- Frauds or making false statements.
- Intangible Losses Cases (Compensation Cases).
Civil Cases in Dubai
Civil Cases in Dubai can be lodged with the help of Lawyers. Lawyers in Dubai are the top most lawyers who are also very famous in all over the United Arab Emirates. It means a Lawyers in Dubai can also be hired for filling a case in Fujairah or RAK or another Emirates. For appearing in DUBAI, RAK and Abu Dhabi, the lawyer needs to have the separate license. For other Emirates, a lawyer just needs to have license from MOJ or Ministry of Justice.
- Civil Court Fee is not more than 40, 000 AED or 6% of the claim amount.
- Professional Lawyer Fee is decided between lawyers and the client.
- Court awards 5% of the claim amount as legal interest. Previously it was 9 to 12%.
- Court Fee is paid back. It is up to defeated party or can also be decided as half half if the claim of plaintiff is considered not 100% correct.
- Dubai Courts are known for giving quick verdicts in United Arab Emirates.
Civil Cases for Defamation
Defamation is related to loss of reputation, intangible assets, brand value, image loss or an attack directly on the self-esteem of a person who is well organized and recognized. Defamation Cases are classified as Criminal Cases all over the world. Same treatment is for Defamation Cases in UAE too. When a false claim or the statement is made against a person or company then he or the company has right to file a defamation case as Civil Case in UAE. A separate law is made which is called as Federal Law # 31 of 2021. It says that person can file a civil case against the defamation and can also ask for the monetary compensation. Libel and Slander are two types of Defamations, as per the Law (UAE Law). Libel is in written format and Slander is only verbal.
Court may award the innocent person (mostly the plaintiff) with justice which can be fine on accused person or fine on accused person or both on accused person. If the plaintiff cannot prove it then court may also pass a counter judgement against him. Both parties can also file the case and counter case against each other. The recent example is Depp Vs Amber, where court awarded the compensation to both parties but one has to suffer more than the other party, due to her claims which that party could not prove in the court. UAE Penal Code Articles 425,
Punishment for Defamation
Defamation may be punishable with imprisonment or fine or both, depending upon the type of defamatory action committed by the accused. This includes, whether the defamatory statement renders the victim subject to punishment or contempt, whether it injures his honour or dignity, or whether the defamatory statement was published in a newspaper or a publication, etc.
Articles 425 and 426 of the UAE Penal Code set out the offence of defamation. The Article 425 articles states that IF A PERSON WO TRIED TO DEFAME A PERSON PUBLICLY, AD PROVED AS GUILTY CAN BE PUNISHED WITH A JAIL SENTENCE OF TWO YEARS OR A FINE UP TO 20, 000 AED MAXIMUM.
The Article 426 states that, IF A PERSON IS INSULTED PUBLICLY, BY ANOTHER PERSON AND HE ALSO CAUSES WOUNDS OR INJURY OR IT HITS HIS RESPECT THEN HE CAN ALSO BE JAILED FOR NOT MORE THAN 1 YEAR OR FINE NOT MORE THAN 20000 AED. IF THE PUBLICLY MADE INSULT IS MADE AGAINST A FIGURE, THEN JAIL CAN BE FOR NOT MORE THAN TWO YEARS AND FINE NOT MORE THAN 50000 AED.
Federal Law #34 of 2021, which is about Cyber Crime also deals with fake news spread in public through modern or IT mediums. This article states that DEFAMATION MADE THROUGH SOCIAL MEDIA OR USING ELECTRONIC MEDIUMS CAN PUT A FINE WHICH IS NOT LESS THAN 250000 AED AND NOT MORE THAN 500, 000 AED AND THE JAIL OR DETENTION WHICH IS NOT MORE THAN 1 YEAR.
Civil Case can be filled for the Defamation. It is allowed everywhere in World. Even the Law exists in less developed countries as well, though the law is not followed there. United Arab Emirates is one of those countries where law is strictly implemented and followed.