Women's Bar Association of Illinois’ Post

#www.nhalhammadi.com #legalexecellence #legalinsights #legalknowledge ✅The concept of “locus standi” refers to the legal principle of standing, which determines who has the right to bring a case before a court. ✅In the context of the United Arab Emirates (UAE), this principle is relevant in defining who has the legal capacity to initiate legal proceedings before the courts. ✅Key aspects of the principle of locus standi in the UAE include: 1. Personal Interest: • Individuals or entities seeking to bring a case before a UAE court must demonstrate a personal interest in the matter. This means showing a direct and tangible connection to the subject of the dispute. 2. Direct Injury or Harm: • Typically, the party initiating legal action must have suffered or is likely to suffer direct injury, harm, or prejudice as a result of the actions or decisions being challenged. Courts require a direct link between the legal dispute and the party bringing the case. 3. Statutory Requirements: • Specific laws and regulations in the UAE may outline the criteria for standing in certain types of cases. For instance, in administrative or environmental matters, the relevant laws may prescribe the conditions under which an individual or organization can bring a case. 4. Public Interest Standing: • In some cases, individuals or entities may be granted standing based on the broader public interest involved. This is less common and often subject to specific legal provisions allowing for such representation. 5. Third-Party Standing: • In certain circumstances, a person or entity may be allowed to bring a case on behalf of someone else, known as third-party standing. However, this is subject to specific legal conditions and may not be universally recognized. 6. Review by Courts: • Courts in the UAE will review the standing of the parties involved at the outset of legal proceedings. If a party lacks the necessary locus standi, the court may dismiss the case for lack of jurisdiction. ✅Understanding and satisfying the principles of locus standi is crucial for anyone wishing to bring a legal action in the UAE. It ensures that only those with a genuine interest in the matter can access the legal system and helps maintain the integrity and efficiency of the judicial process. Keep in mind that legal principles can evolve, so consulting recent legal resources or seeking professional legal advice is recommended.

A welcome ruling from the Dubai Court of Cassation reaffirming the requirements to enforcement of foreign judgments in the UAE. The Court confirmed that the law does not allow the issuance of an order to enforce a judgment issued by a foreign court when UAE courts are exclusively competent to consider the dispute. Therefore, the fact that there is "shared jurisdiction" between the UAE courts and the foreign court, meaning that each of them is competent to consider that dispute, does not in itself prevent the issuance of an order to enforce that foreign judgment. https://lnkd.in/dVta4aJm https://lnkd.in/dr9me5f7

Moses Kuria Fires Back at Lawyers Havi, Ahmednasir Over ‘Dismissed CSs Can’t Hold Any Office’ Remarks Former Public Service Cabinet Secretary (CS) Moses Kuria has issued a sharp rebuttal to former Law Society of Kenya (LSK) President Nelson Havi and prominent lawyer Ahmednasir Abdullahi over their… #Ahmednasir #Havi #MosesKuria >>> Read more

Ease through the legal formalities! Navigating judicial notices in Dubai might seem tricky, but worry not. Our experts take care of attestations and translations, offering clear and reliable support. Simplifying complexities for your peace of mind.

Modernizing Precedent on Admissibility of Expert Evidence The Dubai Court of Cassation General Authority recently revisited established precedent to enable trial courts to consider a broader range of expert evidence. Overturning its prior approach in Case No. 421/2019, the General Authority ruled in Case No. 2/2024 that lower courts may rely on expert reports filed in separate proceedings, even if those proceedings involved different parties or causes of action, or if the court that appointed the expert lacked jurisdiction. Provided the report is submitted into the case file, the Cassation Court reasoned that adversarial procedural rights remain protected. The parties can debate the credibility and relevance of the outside report, and judges retain discretion over the appropriate weight to assign such analyses in view of the facts and issues at hand. This pragmatic recalibration of precedent maximizes judicial access to potentially pertinent expert evaluations without compromising fairness or due process. By empowering Dubai courts to reach merits-based decisions informed by a more comprehensive evidentiary record, the Cassation Court’s revised guidance should yield greater efficiency and justice in civil adjudication. #litigation #court #law #cassation

Unlocking Legal Insights: Dubai Court of Cassation's Key Decisions Revealed 🗝️⚖️  These groundbreaking rulings provide clarity on license seizures, expert reports, appellate court actions, and appeal procedures.  Time to adapt strategies and seek expert advice! Reach out to us today for expert guidance. 📞 Call: +971 50 985 1360 📩 Email: operations@lawgicalgroup.com #DubaiCourtDecisions #LegalClarity #LegalStrategy #CassationInsights #LegalUpdatesDubai #KeyRulings #DubaiLaw #LegalGuidance #LegalExperts #LawgicalGroup

Under Article 104 of the UAE's Interim Constitution, each emirate maintains an independent judicial system except for federal matters, with the Federal Supreme Court resolving jurisdictional conflicts to ensure proper legal authority.   In a recent article, Saad Younes Elagawany, Senior Associate, emphasizes this framework, highlighting the role of the Federal Supreme Court in maintaining judicial order across the UAE.   To read the full article, please follow the link: https://lnkd.in/dG9Je8_c   #UAEConstitution #JurisdictionLaw #DubaiJudiciary #LegalInsights

“Ex PPP Lawyer Sardar Latif Khosa Joins PTI”: “Ex PPP Lawyer Sardar Latif Khosa joins PTI. Learn more about the details of his formal induction into the party and the significance of this development.” Here are some tags that you can use for your LinkedIn post: #SardarLatifKhosa #PTI #PakistanPolitics #Lahore #PressConference #Allegiance #SocialMedia #Twitter https://lnkd.in/dFMaJdcE

In each edition of Law Update we share with you judgements we have advised on, this provides real-life context to our work and the legal landscape across the region. In a recent judgement Dr. Hassan Arab and Hend Al Mehairi unraveled the layers of a significant legal verdict in the Dubai Court Cassation. This article not only breaks down the critical aspects of arbitration in the UAE, but also highlights the court's innovative approach towards the non-necessity of an expert's oath in arbitration proceedings, a departure from traditional litigation practices in the UAE. The insights and analysis provided in this judgement remain exceptionally relevant, as it highlights the autonomy of arbitral tribunals and the flexibility of arbitration processes. Gain a competitive edge by exploring how procedural nuances shape arbitration outcomes in the UAE with our in-depth review. Read the full article: https://lnkd.in/dVcrnVUH #LawUpdate #UAEArbitration #CassationJudgment #Oath

TENDER PROCESS SUFFUSED WITH INEXPLICABLE CONDUCT The respondent published a tender and invited bids to be submitted to it. Five responses were received from competing bidders and ultimately the respondent awarded the tender to two entities, one of which was an entity called the Marothodi Metsi and Sebata Group. Therefore, the respondent duly entered into an agreement with the Marothodi Metsi and Sebata Group. The respondent then terminated that contract. In reaction thereto, the applicant, who is not the Marothodi Metsi and Sebata Group but rather an incorporated company, brought an urgent application. The applicant had very little prospect of succeeding on its own in securing the tender. The only way that could occur would be if it included the Sebata Group as a bidding partner. Everything that it said about its association with the Sebata Group was a fiction, designed to mislead the respondent and to win the tender. The applicant’s urgent application invited attention to the contract, which the applicant contended had been incorrectly suspended. Later, the applicant sought rectification of that very contract. It therefore had to put up the contract when it brought the urgent application. The anomaly over the date of signature of the contract would have quickly become apparent. The disclosure in the applicant’s founding affidavit in the urgent application did no more than state the unavoidable, obvious truth. What is disconcerting is that the disclosure of this rather extraordinary fact is not accompanied by any explanation as to how, or why, this occurred. It is unlikely to be possible that before the awarding of the tender had been decided upon, the applicant and the respondent had already concluded the contract that is a consequence of the awarding of the tender. Such conduct is not only irregular but contrary to the provisions of clause 12 of the tender conditions. The entire tender process is suffused with inexplicable conduct by the applicant and the respondent. That conduct appears at worst to be potentially dishonest but at the very least is unfair. The tender was poorly devised, carelessly administered and improperly awarded and offends virtually every conceivable principle of fairness and transparency. Due to the conduct of the applicant as already described, it is inappropriate to allow the applicant the relief that it seeks. The respondent’s application for a money judgment against the applicant is adjourned sine die. The applicant’s urgent application, and rectification application, are dismissed. The tender award is reviewed, declared invalid and is set aside. Marothodi Metsi (Pty) Ltd v Uthukela District Municipality and Others (8216/2022P) [2024] ZAKZPHC 11 (20 February 2024) https://lnkd.in/d4wHtQiF