Several wrongdoers who cause one harm may be held jointly liable, and a pending criminal case suspends the civil claim's lapse period

Abu Dhabi Court of Cassation, Civil Appeals Nos. 208 and 214 of 2023, judgment of 6 December 2023

Court
Abu Dhabi Court of Cassationمحكمة النقض - أبوظبي
Case
Abu Dhabi Court of Cassation, Civil Appeals Nos. 208 and 214 of 2023, judgment of 6 December 2023
Arabic citation
الطعنان رقما 208 و214 لسنة 2023 مدني، جلسة 6/12/2023
Topics
Civil law · Courts & arbitration
Laws applied
Civil Transactions Law 1985 (repealed)
Evidence Law
The judgment
Read it on adjd.gov.ae ↗ (ADJD judgments service (Abu Dhabi Court of Cassation), Id 98971; principles from ADJD Technical Office, 'مجموعة الأحكام والمبادئ القانونية' 2023, p. 898)
Summary written
31 October 2026
Print

The principle

A final criminal judgment binds the civil courts on the facts it necessarily decided: whether the act occurred, its legal description and who committed it. Where several persons are responsible for a harmful act, the court may order them to pay compensation jointly, equally or in proportion to their contribution (Article 291 of the Civil Transactions Law). A pending criminal case on the same facts is a legal impediment that suspends the period after which civil proceedings lapse. The amount embezzled, if not essential to the conviction, does not bind the civil court, which may still rely on the criminal file as evidence.

The case and the decision

Several investors were persuaded to take out bank loans and hand 70% of the proceeds to the defendants, who promised to repay the full loans within three months under a purported investment scheme and gave 'trust receipts' as security. The defendants kept the money. Criminal proceedings followed and three defendants were finally convicted of fraud; the criminal court referred the civil claims to the civil courts. The investors' civil action, claiming various sums and compensation, was suspended in December 2021 pending the criminal judgments becoming final and was revived in June 2023. The courts below ordered the defendants to pay the investors various sums, in one instance jointly.

The Court of Cassation dismissed both defendants' appeals. Under Article 88 of the Evidence Law and Article 269 of the Criminal Procedure Law, a criminal conviction or acquittal binds the civil court on what it necessarily decided about the occurrence of the act, its legal characterisation and its attribution, so liability could not be reopened. Under Articles 291 and 297 of the Civil Transactions Law, where several people are responsible for a harmful act, each is liable for his share and the judge may order payment equally, jointly or severally; criminal punishment does not limit civil compensation. On the defendants' plea that the civil proceedings had lapsed after two years without a valid step (Article 110 of the Civil Procedure Law then applicable), the Court held that this lapse period is not a matter of public order and is subject to suspension and interruption. A pending criminal case based on the same facts obliges the civil court to stay its case under Article 29 of the Criminal Procedure Law and is a legal impediment, so the time while the criminal case was pending does not count. Finally, the precise amount embezzled was not binding on the civil court, but it could use the facts found in the criminal file as evidence in assessing compensation.

Why it matters

Victims of investment fraud can rely on a final criminal conviction to establish civil liability and can recover from all participants jointly. The time taken by the criminal case does not count toward the lapse of their suspended civil claim, so a civil case is not lost because it waited for the criminal proceedings to finish.

Laws applied

Articles 291 and 297 of Federal Law No. 5 of 1985 (Civil Transactions Law) — text of articles 291, 297
Decided under this law; it has been replaced by Civil Transactions Law 2025.
Article 88 of Federal Decree-Law No. 35 of 2022 (Evidence Law) — text of article 88
Article 110 of the Civil Procedure Law applicable to the case (Federal Law No. 11 of 1992)
Decided under this law; it has been replaced by Civil Procedure Code.
Articles 29 and 269 of the Criminal Procedure Law

In the court’s words

“ولهذا فلا يحسب في مدة انقضاء الخصومة تلك الفترة التي ظلت خلالها الدعوى الجزائية قائمة”

Short quotation from the judgment as published by the court. The full judgment is on the court’s official service.

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Source. Summary written by Polaris from the judgment published by the Abu Dhabi Court of Cassation on adjd.gov.ae (ADJD judgments service (Abu Dhabi Court of Cassation), Id 98971; principles from ADJD Technical Office, 'مجموعة الأحكام والمبادئ القانونية' 2023, p. 898), read on 31 October 2026. Party names are anonymised in the court’s publication.
Published for general information by Polaris Corporate Services FZ-LLC. It is not legal advice. This page is a summary written by Polaris; it is not the judgment and is not an official translation. Read the judgment on the court’s official service before relying on it. A judgment decides the dispute before the court; its weight in a later case depends on the court, the facts and any later change in the law or in the court’s own case law.

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