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To Claim Damages for Wrongful Attachment, the Plaintiffs Must Prove Bad Intention and That the Damages Were Intended

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image of Arab Law Quarterly

In an action filed before the Dubai Court, where the plaintiffs claimed damages for wrongful attachment, the court held that the plaintiffs are not entitled to claim damages as the plaintiffs who had brought action against them in the main action and obtained an order for an attachment against the plaintiffs assets did not intend to cause damages. The court held that litigation and using the court process is a right granted to all persons and the plaintiff to such an action will not be liable to pay damages if he uses his rights as any other average person according to the law. However, if the plaintiff intended damages or seeks illegal benefits out of the proceedings, damages will be awarded. Otherwise damages will not be awarded when a person is seeking legal protection under the law, even if his action caused damage to other persons.


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