The Fault In The Expert Report
I filed a case before Dubai Court which appointed an expert in the case. The expert reported that will have no right to claim. Does it mean that I lost the case?
The court is the higher expert. If the expert’s report comes against you, it does not mean at all that you lost the case because the report shall be submitted to the court.
The court is competent to conclude-the facts of the case; assess the evidence and weigh them.
The report is just a complementary part of the court judgment grounds. Upon request of the case parties, the court may appoint a committee of experts to examine the case documents from their technical aspects.
As per the rulings of the Dubai Cassation Court:
If there is a Fault In The Expert Report (As per the rulings of the Dubai Cassation Court, the trial court shall have the authority of understanding the case facts and assess their evidence and Weight them including the expert’s report.
The court has the right to take it as per its grounds if the court satisfies the validity and rightness of the report’s grounds. The report is just a complementary part of the court judgment grounds.
(Judgment of Dubai Cassation Court on 22/01/2017, Challenge No.397/2016, Commercial Circuit.
As per the rulings of the Dubai Cassation Court:
As per the rulings of the Dubai Cassation Court, the trial court shall have the full authority of concluding the case facts and assessing their evidence and documents.
The court has the right to verify the result of the expert’s report
as per its grounds as long as the expert discussed the dispute subject between the parties and provided reasonable grounds.