A new ruling by the Ministry of Justice has been passed to grant UAE courts the power to enforce judgments passed in civil and financial cases in English courts.
The decision was made following the ruling in a 2020 case in which an English High Court agreed to recognise and enforce a court judgment made in a Dubai court, regarding a bounced cheque involving a British citizen.
The order was passed by Judge Abdul Rahman Murad Al Bloushi, director of the international cooperation department at the Ministry of Justice.
Dr Hassan Elhais, from Al Rowaad Advocates, said the ruling was a “huge step” in improving relations between the UAE and English legal system. He added:
“This means that judgments issued by courts in the United Kingdom against British expatriates in the UAE will be enforceable here.
The cases covered by this decision include civil and financial cases and asset division disputes between family members or spouses.”
Alexandra Tribe, from Expatriate Law, said the judgment could “open the floodgates” for creditors opening cases against debtors. She added:
“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.”
Sarah Aljourani, Family Law Solicitor at Irwin Mitchell, also provided commented on the landmark ruling, as she said:
“With over 120,000 British citizens living in the UAE, this reciprocity between the courts in the UAE and England is welcomed news to ex-patriates looking to enforce orders made in the UAE or the courts of England and Wales.
For child maintenance orders, this is particularly useful as the UAE is not a signatory to the Reciprocal Enforcement of Maintenance Orders. This means that prior to the ruling by the Ministry of Justice, parents looking to enforce child maintenance orders against a parent living in the UAE would have to bring fresh proceedings regarding child matters in the court system overseas, incurring huge costs.”
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