Experts Liability: Dubai Court of Cassation imposes a precedent

Overview

The legal community was very interested in the recent historic ruling rendered by the Dubai Court of Cassation in a cassation appeal filed by a designated expert committee. The case started when a compensation claim against the expert committee was first turned down by the Dubai Court of First Instance. The Dubai Court of Appeal then reversed the ruling and ordered the committee to pay damages for significant losses brought on by severe errors.

Cassation Review

The Dubai Court of Cassation overturned its initial ruling and upheld the appeal decision that dismissed the lawsuit after diligently examining the expert committee’s case. The Court acknowledged the particulars of a case that may be distinct from the judge’s purview and highlighted the critical role that experts contribute in cases that require to be addressed. Under these circumstances, the judge heavily relies on the expert’s cooperation and opinion, designating them to utilize their knowledge of the specific facts outlined in the preliminary judgment.

Legal Significance

The ruling underlined the exceptional priority given to experts by legislation, controlling both procedural and substantive issues, given their vital role in managing technical challenges. The Court emphasised that, according to the usual rules of civil liability, the expert would be held accountable for whatever errors they made while performing their duty. It’s necessary to remember that the expert is still legally liable for any mistakes made, even if the judge accepts their viewpoint without detecting any faults with their report.

Experts Liability

The Court underscored that the expert’s duty of providing compensation arises from negligence, particularly when the expert departs from the technical requirements of expertise or fails to take appropriate precautions. Moreover, the Court made explicit that a legal expert’s payment obligation does not shield them from disciplinary action related to their professional responsibilities.

Key Principle

To set it briefly, the Dubai Court of Cassation established a crucial legal precedent that clarifies the role of experts that are assigned to cases involving damages and their obligations of compensation. This ruling demonstrates how the legal system in Dubai is always changing in terms of how legislation is interpreted and applied.