Appeals by way of cassation in the interest of the law: the law established for the Attorney General regarding final judgments in cases

Article 174 of the Federal Civil Procedure Law specifies the cases in which the Public Prosecutor may appeal a judgment before the Court of Cassation in Dubai. These cases include situations where the judgment is not subject to appeal by law, or where the parties missed the appeal deadline, withdrew their appeal, or filed an appeal that was subsequently dismissed.

A. If the judgment is not subject to appeal by law, such as judgments issued by the Court of First Instance within its final jurisdiction and whose value does not exceed fifty thousand dirhams, and judgments issued by the Court of Appeal below the specified value threshold for appeal by cassation (i.e., cases whose value does not exceed five hundred thousand dirhams), and judgments issued by the Courts of Appeal in enforcement proceedings. Article 173/2 of the law stipulates that these judgments are not subject to appeal by cassation, and therefore they fall under the category of judgments that the law does not permit the parties to appeal. Consequently, the Public Prosecutor has the right to appeal them by cassation.

B. Judgments in which the parties missed the appeal deadline: This situation manifests in two forms. The first is a judgment issued by the Court of First Instance, where the parties missed the appeal deadline, provided the judgment was subject to appeal through this method. In such cases, the judgment becomes final due to the parties missing the appeal deadline. The second form is a judgment issued by the Court of Appeal, where the parties missed the appeal deadline, provided the judgment was subject to appeal through this method. In both of these cases, the Public Prosecutor may file an appeal by way of cassation in the interest of the law.

C. Judgments in which the parties withdrew their appeal:

This situation manifests when the parties file an appeal or an appeal by way of cassation, but then withdraw their appeal before it is heard or during its adjudication, and the matter has not yet been resolved by the hearing court. In this case, the Public Prosecutor may file an appeal by way of cassation in the interest of the law against the judgment in question, in which the parties withdrew their appeal.

D. Judgments in which the litigants’ appeals are deemed inadmissible:

This occurs when litigants appeal judgments issued by the Court of First Instance on appeal or judgments issued by the Court of Cassation, and their appeals are deemed inadmissible due to being filed after the deadline, or due to a procedural defect in accepting the case, or because the court hearing the appeal did not address its merits. In this case, the law permits the Public Prosecutor to appeal to the Court of Cassation in the interest of the law against the judgment appealed by the litigants and deemed inadmissible.