Unified UAE Legislation Database

Federal Supreme Court - Commercial Appeal No. 1324 of 2024 on Judicial Reasoning and Expert Report Assessment

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Tuesday, February 4, 2025

Headed by Judge Shihab Abdul Rahman Al-Hammadi, Head of the Department
and with the membership of Judges Abdullah Bou Bakr Al-Siri and Sabri Shamsuddin Mohammed

 

(1-2) Ruling on "reasoning of a judgment".

 

(1) Judgments must include information that reassures those familiar with the case, such as the court's understanding of the facts of the case and the evidence presented, the substantive arguments and defences raised by the parties, and the reasons justifying the court's decision and the source of its ruling.

 

(2) The initial ruling upheld by the appealed decision ignored the appellant's fundamental objections to the expert report and the court did not use all its powers to figure out the truth of the case to find out how much the miller owes and if the case should go to enforcement. This failure to give the right to defend oneself means the ruling should be overturned.

 

Commercial Appeal No. 1324 of 2024, session of February 4, 2025

1. It is established in the jurisprudence of this court that a judgment must contain what reassures ...