Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Attachments Against the Defendants' Assets and the Impoundment of Passports Can Only Be Granted If the Plaintiff's Claims Are Serious, Genuine, and Supported By Evidence, and There Is a Risk That the Defendants May Dispose of Their Assets or Abscond From the Country

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
MyBook is a cheap paperback edition of the original book and will be sold at uniform, low price.

Buy this article

$30.00+ Tax (if applicable)
Add to Favorites

image of Arab Law Quarterly

In an action filed by a local company in Dubai against a number of defendants where the plaintiff had obtained an attachment order against their assets before action and impounded the fourth defendant's passport as a security for its claim, the Dubai Court lifted the attachment following an objection filed by the defendants and cancelled the order impounding the fourth defendant's passport. The plaintiff appealed against this judgment to the Dubai Court of Cassation which upheld the judgment delivered by the lower courts on the grounds that there was no evidence to show that the plaintiff had a genuine claim and further that there was no evidence to show that the plaintiffs claim was at risk or the defendants were about to dispose of their assets or abscond from the country. The court held that only in these circumstances can an attachment be granted. Otherwise, the court at its discretion may lift the attachment if there is evidence that there is no conclusive evidence to substantiate the claim and no risk of the plaintiff being unable to recover his debts from the defendants after the judgment has been delivered. The court further held that this ground does not affect any arguments or submissions made with regard to the merits of this case as attachment proceedings and any decisions made therein do not affect the substantial claim.


Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to email alerts
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Arab Law Quarterly — Recommend this title to your library

    Thank you

    Your recommendation has been sent to your librarian.

  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation