Session on Wednesday, December 11 2024
Headed by Judge Shihab Abdulrahman Al-Hammadi, “Head of the Department”, with the membership of Judges Al-Hassan Ibn Al-Arabi Faidi and Dawood Ibrahim Abu Al-Shawar B.
(1- 3) Ruling ‘Reasoning of the judgement: Insufficient reasoning’. Court of ‘Subject Matter Court: Authority to adopt the expert's report.’ Defence ‘Substantive defences: Failure to respond to them is a deficiency in the reasoning.’
1 Judgement. The judgement must contain information that satisfies that the trial court is aware of the facts and evidence of the case and that the defence has been thoroughly examined. Failure to do so. Deficient.
2 Adopting the expert's report based on its reasons. Authority of the trial court. Requirement. Relying on the expert's report despite objections to it that include a substantive defence without responding to it. Deficient.
3 An example of the inadequate reasoning of the appealed decision for failing to respond to the appellant's objections to the second expert report on which he relied in his judgement, despite
the fact tha...