Abu Dhabi Court of Cassation (General Assembly), Request No. 1 of 2020 (Civil), decision of 29 June 2020
Registration of a claim or appeal has three stages: filing the statement, paying the fee, and entry in the register; payment of the fee is a condition of registration. A first-instance claim takes effect from the filing date even if the fee is paid later, and a cassation appellant has three working days after filing to pay. But an appeal to the Court of Appeal must be registered immediately, so filing and payment must coincide: the registration date after payment is the date that counts for the thirty-day appeal period. If the registry registered an appeal without the fee through its own clear error, the court must give the appellant time to pay.
A party lodged its statement of appeal with the case management office on 12 September 2019, within the thirty-day period that expired on 26 September 2019, but paid the appeal fee only on 1 October 2019, when the appeal was registered. The Court of Appeal declared its right of appeal lapsed. On the appeal in cassation, the question of which date counts was referred to the General Assembly because of conflicting decisions.
The General Assembly relied on Article 3 of the Abu Dhabi Court Fees Law of 2017 (no claim, appeal or request is registered until the fee is paid in full, unless exempted or deferred), Articles 16(1) and 19 of the Implementing Regulation of the Civil Procedure Law (a claim is filed by lodging the statement; after payment the case management office registers it, and the claim takes effect from the date of lodging), Article 162 of the Civil Procedure Law as replaced by Decree-Law No. 18 of 2018 (an appeal is filed by a statement lodged with the case management office and registered immediately) and Article 177(1) (a cassation appeal is lodged by a statement signed by an admitted lawyer, with proof of payment of the fee and deposit within three working days). Registration therefore has three stages, with payment a condition of registration. A first-instance claim takes effect from lodging even if payment and registration follow later, and the cassation appellant has three working days to pay. For an appeal, however, the statement must be registered at once, so lodging and payment must coincide and the date of registration after payment is the relevant date for the appeal period; lodging without payment has no effect. Where the office registered an appeal without the fee through a clear error or oversight not attributable to the appellant, the court must order the appellant to pay within a set period, failing which the appeal is inadmissible, by analogy with Article 17.
Applying Articles 152 and 159 (thirty-day period, a matter of public order), the appeal registered on 1 October 2019 was out of time. The General Assembly adopted the principle and dismissed the appeal.
The decision was a warning to litigants that lodging an appeal online without paying the fee does not stop the clock. Under the procedure considered, the appeal was treated as filed only when the fee was paid and the appeal registered. It was decided under the former Civil Procedure Law of 1992, as amended in 2018, and its implementing regulation.
| Articles 17, 152, 159, 162 and 177(1) of Federal Law No. 11 of 1992 (former Civil Procedure Law), as amended by Federal Decree-Law No. 18 of 2018 Decided under this law; it has been replaced by Civil Procedure Code. |
| Articles 9(1), 16(1) and 19 of Cabinet Resolution No. 57 of 2018 (Implementing Regulation of the former Civil Procedure Law) |
| Article 3 of the Abu Dhabi Court Fees Law of 2017 |
“وجوب تزامن تاريخ إيداع صحيفة الاستئناف مع تاريخ سداد الرسم ومن ثم القيد في السجل”Short quotation from the judgment as published by the court. The full judgment is on the court’s official service.
A final civil award made in criminal proceedings survives the accused's later acquittal on the criminal charge
A judgment has res judicata effect only if it is final (قطعي) and issued by a court with jurisdiction, and only on a question that is fundamental, unchanged, argued betwe…
Al Ain appellants get the ten-day distance period for cassation appeals; non-compete limited by place
The 60-day period for a cassation appeal (Article 176 of the former Civil Procedure Law) is extended by the ten-day distance period under Article 12 for an appellant whos…
When the statement of claim was never validly served, the appeal court must send the case back to the first-instance court
Where the Court of Appeal annuls a first-instance judgment because the statement of claim was not validly served on the defendant, so that proceedings were never properly…
A debtor who claims insolvency must prove it; the court must rule on the claim as framed and as characterised on cassation
Insolvency (الإعسار) exists where a debtor's debts equal or exceed his assets; once established, the court may place him under interdiction under Articles 401 and 402 of …
Courts may not hear claims whose court fees are unpaid; an agent who signs a cheque is personally liable on it
Courts at every level may not hear a claim, appeal or request on which the fees due under Abu Dhabi Law No. 6 of 2013 on court fees (as amended in 2016) have not been pai…
A curator suing for a ward needs prior court permission unless urgent; corporate appellants must prove counsel's authority
Under Articles 178 and 225 of the Personal Status Law, a guardian or curator may not sue on behalf of a minor or a person under interdiction without prior permission of t…
Whether you are establishing a new venture, restructuring an existing enterprise, or exploring residency pathways — we are here to advise.
Arrange a Consultation →