Appeals in Civil Proceedings
Overview
The DIFC courts function with their own independent legal system based on English common law. They have been instrumental in efficiently managing the influx of civil and commercial cases, which were earlier managed by the UAE courts and were hindered by delays, absence of oral advocacy and the involvement of experts limiting opportunities of engagement with judges to address ambiguity.
Dubai Law No. 12/2004 on the Judicial Authority at Dubai International Financial Centre empowers the CFI and CA to have jurisdiction over civil and commercial matters only. The DIFC courts however, do not have jurisdiction over criminal matters, which are referred to the appropriate external authority in the UAE.
This Practice Note provides an insight into the appellant jurisdiction of the DIFC courts, discusses the crucial requirement of seeking a permission to appeal, briefly considers appeals from the orders of the DIFC SCT and describes the case management process of the DIFC CA.
Definitions
CPR: English Civil Procedure Rules.
CFI: Court of First Instance.
CA: Court of Appeal.
SCT: Small Claims Tribunal.
RDC: Rules of the DIFC Courts.