Session on Tuesday, July 16, 2024, headed by Mr. Judge / Shihab Abdulrahman Al-Hammadi, ‘Head of the Department’, and with the membership of Judges / Abdullah Boubaker Al-Siri and Sabri Shams Al-Din Mohammed
(1-3) Court ‘Trial Court: Its authority in adopting the expert's report’. Judgement ‘Reasoning flaws: Insufficient reasoning and violation of the right of defence’.
1. Adoption of the expert's report based on his reasons. Authority of the trial court. Its condition. The judgement adopts the expert's report despite its deficiencies in the research and without remedying these deficiencies. This constitutes deficiency.
2. Judgements must include the court's knowledge of the facts and evidence of the case and address the arguments and requests of the parties. The court's decision is limited to referring to the reasons for the appealed decision without confronting the influential evidence presented by the litigants before it is a deficiency and a violation of the right of defence.
3. An example of the ungrounded reasoning and violation of the right of defence is the fact that the cou...