DCC 260/2005

This case involved a lawsuit filed by the appellant attorney against two respondents compelling them to jointly pay severally, his remuneration, as per the agreement signed thereby, equivalent to AED 125,000 and its legal interest from the due date on 23-5-2003 until full settlement. The Court decided not to accept the lawsuit with respect the First Defendant and to reject it as well for what concerns the Second Defendant. The Plaintiff appealed in the present cassation.

1- Attorneys "Determination of Attorneys' fees". Order on a petition.

Recourse to an order on a petition if the Attorney is requesting the estimation of his fees in a case examined by the Court. Condition thereof. Absence of a written agreement regarding the Attorney's fees between the latter and his Principal or the invalidity of the written agreement between them. Other disputes relating Attorney's practice of his profession. The necessity to have recourse to the ordinary procedures of filing lawsuits.

2- Proxy "Types of Proxy: Apparent Proxy".

Apparent Proxy. Characteristics thereof. Manifestations thereof. Effects thereof. The bona fide party's right to plead that the effect of the dealing with whomever he believed he was a legal representative, falls on the Principal.