ARTICLE
4 July 2016

Is It Worth To Pursue My Case?

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
When you are engaged in a dispute you need to lodge a case in order to preserve your rights. However, is it worth even pursuing your case?
United Arab Emirates Litigation, Mediation & Arbitration

When you are engaged in a dispute you need to lodge a case in order to preserve your rights. However, is it worth even pursuing your case? In other words, do you have a good enough case that justifies paying court and lawyers' fees, and undertaking the required effort?

When you make a decision to lodge a case there are a few points to be considered. First, we need to evaluate the legal position. This shall depend on:

  • The applicable law. Which law will be applied in order to resolve the dispute?
  • Do the local courts have a jurisdiction over the dispute?
  • Is there enough evidence to prove what is claimed?

After making a good evaluation and determining there is a good chance of receiving what is claimed, we must evaluate the chances of the judgment being executed and collection of what was awarded. This shall depend on:

  • Whether the other party is a natural person or an entity.
  • If the other party is a natural person, does he have enough money, assets, property etc, in order to guarantee collection of the claimed amount, in case he refuses to execute the judgment.
  • If the other party is an entity, is it a company or an establishment? And if it is a company, then what type of company is it? Is it a personal or capital company?

In both evaluations – winning and execution evaluations- there must be a good channel of communication between the plaintiff, which is the client, and his lawyer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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