UAE courts have been granted new powers to enforce judgments imposed in civil and financial cases in England under a landmark ruling by the Ministry of Justice.
The resolution ― which was issued last week ― called for “relevant legal actions” to be taken to impose rulings made in English courts when requested.
The directive was issued by Judge Abdul Rahman Murad Al Bloushi, director of the international cooperation department at the Ministry of Justice.
For too long, errant husbands or wives unwilling to meet financial obligations on divorce as ordered by the English court, have found a safe haven in Dubai
Alexandra Tribe,
Expatriate Law
“This means that judgments issued by courts in the United Kingdom against British expatriates in the UAE will be enforceable here,” said Hassan Elhais from Al Rowaad Advocates.
“The cases covered by this decision include civil and financial cases and asset division disputes between family members or spouses.”
Dr Elhais said the move was a “huge step” in bolstering cooperation between the UAE legal system and that of England, which also covers Welsh courts.
The other UK nations, Scotland and Northern Ireland, operate under their own legal jurisdiction.
The decision comes on the back on an English High Court order in 2020 to uphold a Dubai court judgment in a case about a bounced cheque involving a British citizen.
The ruling of the English court set a “legal precedent” for judgments made to be applicable in both countries, an expert said.
“The decision which confirmed the liability of Mr Puri — a British citizen — for the amount of the bounced cheque is cited in law reports as Lenkor Energy Trading DMCC v Puri,” said Byron James of Expatriate Law.
He said that after the Lenkor decision, the UAE’s Ministry of Justice issued a notice to all courts describing the case as one that “constitutes a legal precedent and a principle binding on all English courts according to their judicial system”.
“This has the potential to extend beyond just corporate and commercial debts,” he said.
He said the resolution will probably affect those with debts owed in one country who reside in the other.
“It will also likely have a huge impact on those who obtain English financial remedy orders on a divorce requiring a UAE resident to pay sums of money, whether it be for child maintenance, spousal maintenance, lump sum, property adjustment or otherwise.”
Ensuring justice is done
Alexandra Tribe, of London-based Expatriate Law, said the move could “open the floodgates” for creditors to take action against debtors seeking to avoid their obligations.
“For too long, errant husbands or wives unwilling to meet financial obligations on divorce as ordered by the English court, have found a safe haven in Dubai,” she said.
“This legal news is likely to open the floodgates for enforcement of previously unpaid orders, especially considering the significant British expat population in the UAE.”
English courts ruling must be final
Dr Elhais said that an English court's ruling must be final for it to be executed in the UAE.
Other requirements include that English judgments must not conflict with a ruling by any UAE court and should not be considered contrary to UAE public order or morals.
“This marks a huge step in upholding the principles of reciprocity, especially that a previous treaty signed between the two countries didn’t include enforcement of judgments issued by UK courts,” Dr Elhais said.
He cautioned, however, that the residence status of the person any order is made against could be crucial to determining whether an order is upheld.
“It could be a challenge if at the time of lodging the case in the UK, the person against who the case is being filed, was in the UAE based on a residence visa,” Dr Elhais said.
This is because it raises the question of whether legal proceedings should have begun in Dubai, rather than England.
“In simpler words, one of the requirements to enforce a foreign court’s order is that UAE courts do not have jurisdiction in the matter of the dispute.”
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Killing of Qassem Suleimani
Benefits of first-time home buyers' scheme
- Priority access to new homes from participating developers
- Discounts on sales price of off-plan units
- Flexible payment plans from developers
- Mortgages with better interest rates, faster approval times and reduced fees
- DLD registration fee can be paid through banks or credit cards at zero interest rates
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Reddit
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Redditor
The users of Reddit
Robinhood
A smartphone app for buying and selling shares
Short seller
Selling a stock today in the belief its price will fall in the future
Short squeeze
Traders forced to buy a stock they are shorting
Naked short
An illegal practice
Scores
New Zealand 266 for 9 in 50 overs
Pakistan 219 all out in 47.2 overs
New Zealand win by 47 runs
Results
5pm: Maiden (PA) Dh80,000 (Turf) 2,200m; Winner: Gurm, Antonio Fresu (jockey), Eric Lemartinel (trainer)
5.30pm: Handicap (PA) Dh80,000 (T) 1,600m; Winner: Al Nafece, Al Muatasm Al Balushi, Mohammed Ramadan
6pm: Wathba Stallions Cup Handicap (PA) Dh70,000 (T) 1,200m; Winner: Ashton Tourettes, Adrie de Vries, Ibrahim Aseel
6.30pm: Arabian Triple Crown – Group 3 (PA) Dh300,000 (T) 2,200m; Winner: Ottoman, Adrie de Vries, Abdallah Al Hammadi
7pm: Liwa Oasis – Group 2 (PA) 300,000 (T) 1,400m; Winner: Hakeemat Muscat, Szczepan Mazur, Ibrahim Al Hadhrami
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Engine: Electric motor generating 54.2kWh (Cooper SE and Aceman SE), 64.6kW (Countryman All4 SE)
Power: 218hp (Cooper and Aceman), 313hp (Countryman)
Torque: 330Nm (Cooper and Aceman), 494Nm (Countryman)
On sale: Now
Price: From Dh158,000 (Cooper), Dh168,000 (Aceman), Dh190,000 (Countryman)
Details
Through Her Lens: The stories behind the photography of Eva Sereny
Forewords by Jacqueline Bisset and Charlotte Rampling, ACC Art Books
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Ipaf in numbers
Established: 2008
Prize money: $50,000 (Dh183,650) for winners and $10,000 for those on the shortlist.
Winning novels: 13
Shortlisted novels: 66
Longlisted novels: 111
Total number of novels submitted: 1,780
Novels translated internationally: 66
Living in...
This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home.
Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
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Singham Again
Director: Rohit Shetty
Stars: Ajay Devgn, Kareena Kapoor Khan, Ranveer Singh, Akshay Kumar, Tiger Shroff, Deepika Padukone
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RACE CARD AND SELECTIONS
5pm: Maiden (PA) Dh80,000 1,200m
5,30pm: Wathba Stallions Cup Handicap (PA) Dh70,000 1,200m
6pm: The President’s Cup Listed (TB) Dh380,000 1,400m
6.30pm: The President’s Cup Group One (PA) Dh2,500,000 2,200m
7pm: Arabian Triple Crown Listed (PA) Dh230,000 1,600m
7.30pm: Handicap (PA) Dh80,000 1,400m
The National selections
5pm: RB Hot Spot
5.30pm: Dahess D’Arabie
6pm: Taamol
6.30pm: Rmmas
7pm: RB Seqondtonone
7.30pm: AF Mouthirah
Other key dates
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Finals draw: December 2
-
Finals (including semi-finals and third-placed game): June 5–9, 2019
-
Euro 2020 play-off draw: November 22, 2019
-
Euro 2020 play-offs: March 26–31, 2020
Zayed Sustainability Prize
Tell-tale signs of burnout
- loss of confidence and appetite
- irritability and emotional outbursts
- sadness
- persistent physical ailments such as headaches, frequent infections and fatigue
- substance abuse, such as smoking or drinking more
- impaired judgement
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Tips to help overcome burnout
Acknowledge how you are feeling by listening to your warning signs. Set boundaries and learn to say ‘no’
Do activities that you want to do as well as things you have to do
Undertake at least 30 minutes of exercise per day. It releases an abundance of feel-good hormones
Find your form of relaxation and make time for it each day e.g. soothing music, reading or mindful meditation
Sleep and wake at the same time every day, even if your sleep pattern was disrupted. Without enough sleep condition such as stress, anxiety and depression can thrive.
EXPATS
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Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
Indoor cricket World Cup:
Insportz, Dubai, September 16-23
UAE fixtures:
Men
Saturday, September 16 – 1.45pm, v New Zealand
Sunday, September 17 – 10.30am, v Australia; 3.45pm, v South Africa
Monday, September 18 – 2pm, v England; 7.15pm, v India
Tuesday, September 19 – 12.15pm, v Singapore; 5.30pm, v Sri Lanka
Thursday, September 21 – 2pm v Malaysia
Friday, September 22 – 3.30pm, semi-final
Saturday, September 23 – 3pm, grand final
Women
Saturday, September 16 – 5.15pm, v Australia
Sunday, September 17 – 2pm, v South Africa; 7.15pm, v New Zealand
Monday, September 18 – 5.30pm, v England
Tuesday, September 19 – 10.30am, v New Zealand; 3.45pm, v South Africa
Thursday, September 21 – 12.15pm, v Australia
Friday, September 22 – 1.30pm, semi-final
Saturday, September 23 – 1pm, grand final
UAE currency: the story behind the money in your pockets
TICKETS
For tickets for the two-day Maharlika Pilipinas Basketball League (MPBL) event, entitled Dubai Invasion 2019, on September 27 and 28 go to www.meraticket.com.
