Personal Services

“Defending our clients rights in the worst of circumstances”

Personal injury cases are a regular occurrence in the UAE. They can range from minor traffic accidents to allegations of wrongful death. The UAE has a transparent and relatively straightforward legal framework, supported by robust case law, on personal injury cases and consequent compensation.

It should be made aware that in the UAE, if anyone causes harm unto another, whether physical or otherwise, the law allows the victim to claim compensatory damages. This is in addition to any criminal consequences such harmful conduct may entail.

With the same, the justice system is also clear and predictable for defendants in cases of personal injury claims. Given the UAE does not follow a jury system, all compensation amounts, or punishments are determined at the discretion of the judge(s). Such determinations are made based on what is prescribed by law, the severity of the crime and the direct/indirect damages suffered by a victim.

Some of the most common personal injury cases include:

• Medical Malpractice: Although a doctor is not required to guarantee a patient’s treatment to be successful, an adherence to “standard of care and due diligence in their treatment” is to be implemented as required by law. Moreover, a doctor is accountable for any injuries suffered by a patient due to any errors that violate a doctor’s “duty of care”.
• Assault and Battery: While assault and battery are two distinct crimes, one is usually followed by the other. Assault is defined as the threat to commit physical violence, while battery is the actual violence and use of physical force. Both acts are considered serious crimes. A person who commits assault and battery will generally be liable under both civil and criminal law.
• Wrongful Death: As pertinent to its title, wrongful death occurs when a person dies due to acts or omissions of another person or entity, where the latter owed a “duty of care” to the former and failed to discharge it as per the law’s requirements. E.g. an intoxicated driver causing an accident, resulting in the death of another. The driver would be liable for damages relating to “wrongful death” of the other person.
• Slips and Falls: These would be injuries and harm caused to one person, an actual “slip or fall,” due to the negligence or conduct of another person, where the latter did not act with the care required of them as prescribed by law.

MIO has had long a history of providing exceptional litigation services in personal injury matters. Our qualified, experienced team of lawyers are well-versed in the practical workings of the legal system. Given the accumulated number of cases managed over the past few decades, we are cognisant of how physically and emotionally difficult personal injury cases can be. Hence, we are able to assist clients in civil and criminal personal injury cases through all stages of the legal and investigatory processes. If the client is the victim, we can also assist in enforcing a final judgment and recovering the amount awarded as damages by the court.

Our track-record of success in such matters has earned us the appreciation and recognition of the courts and our peers in the legal industry. A substantial number of prospective clients approach us through referrals which is a testament to our success and reputation.

Being an established tourist destination and international transit hub, the UAE government consistently strives on ensuring a safe and secure environment for visitors and residents. Thus, the Penal Code and the justice system routinely impose substantial fines, and lengthy imprisonment sentences, on people who violate the country’s drugs and alcohol laws.

DRUG CRIMES

The UAE has historically taken a zero-tolerance approach to dealing with any crime involving illegal drugs whether the drugs are stimulants, sedatives, or narcotics. In addition, many of the punishments related to drugs and alcohol crimes carry with them a deportation order if the individual is not an Emirati citizen.

If accused of a drug or alcohol crime, resolving such an allegation(s)should be treated as a priority in any person’s life. Similarly, it is essential for MIO to reciprocate the same when our services are solicited in resolving matters of such criminal priority. Having a qualified and experienced attorney with practical understanding of the penal code and how to present a defence to the courts may well make a world of difference in the outcome.

Some of the most common drug crimes in the UAE are:

• Drug Possession and Personal Consumption
• Drug Trafficking
• Drug Transportation
• Drug Possession and Personal Consumption

ALCOHOL CRIMES

Given the UAE’s reputation as a diverse place with residents and visitors from all walks of life, it is important to understand that it was illegal to possess or drink alcohol without an alcohol license. However, in accordance with the new laws there are no penalties which shall be imposed for drinking, possessing, or trading in alcoholic beverages in the conditions and places that are authorized by legislation of the Emirate of Dubai. This law applies to both residents and visitors alike. However, each Emirate may regulate the use, circulation and possession or trade of alcoholic beverages. Although, some of the Emirates still completely prohibit the sale, possession and consumption of alcohol entirely. 

In the Emirate of Dubai two penalties may be imposed on whoever offers or sells alcoholic beverages to any person under Twenty-One years old or buys them for the purpose of serving the minor.

However, penalties may vary from each Emirate therefore an experienced lawyer can make a substantial difference in the penalty suffered if one is charged with an alcohol related crime, as the possible punishments range from a fine to a jail sentence.

Being a litigation law firm, we have a division within the firm for handling criminal cases to help clients accused of alcohol crimes by representing them at police stations, the public prosecution and all stages of the criminal courts. Moreover, we assist in submitting applications for bail orders either in the form of sponsorship or monetary bail.

Our clients entrust us to represent and protect them in cases that are likely to have a major impact on the rest of their lives. The firm’s decades of experience in criminal matters, and thus practical knowledge and understanding of the criminal justice system, make us reliable and trustworthy partners in resolving such issues.

“A wealth of experience to aid with your most sensitive legal matters”

The topic of personal status covers a wide range of matters including individual, family and marital relationships. In the UAE, the personal status courts govern procedures relating to wills, separation, divorce, guardianship and inheritance for both Muslims and non-Muslims.

Personal status cases are inherently sensitive and can thus be highly stressful for all parties involved. Such kind of inconveniences can be minimized with the right guidance and legal expertise.

We provide full representation in all family matters for both Muslims and Non-Muslims residing in the UAE. We understand that each case is unique in nature and our lawyers are trained to give their utmost care and personal attention to our clients.

Our clients entrust us with some on the most personal and intimate details of their lives. In addition to providing our best efforts to secure their interests, we ensure that all information regarding our cases and matters is kept confidential.

Marital affairs can be interpreted in a variety of ways depending on the religion of the spouses, place of marriage and circumstances of each spouse at the time of separation or divorce. The laws applicable to Sharia compliant marriages are different than those applicable to non-Sharia marriages. Whereas marriages between Muslims are governed under Sharia principles, a non-Muslim couple may request the UAE courts to apply the laws of their home country or the country where their marriage agreement was signed.

Our team has a comprehensive understanding of the applicable laws and procedures for separation and divorce for Muslims and Non-Muslims. Our services include:

• Drafting enforceable settlement agreements between the parties. The agreement will address all pertinent issues including child support, spousal rights, visitation and custody.
• Filing for separation with the personal status courts i.e. requesting allowance and custodial rights without the issuance of a divorce order.
• Filing for divorce and enforcing the orders issued by the courts in the UAE.
• Enforcing divorce orders issued outside the UAE against parties residing in the UAE.

The application of inheritance laws by UAE courts is a matter which concerns both citizens and expatriates who have assets in the country. The laws applicable to non-Muslims allow them to have wills that do not apply Sharia principles. The implication is that such wills maybe used to specify wishes such as the appointment of a guardian for children, distribution of assets, contributions to charitable causes and funeral arrangements. In addition, the enforcement of wills in personal status courts require experience as it may involve more than one governmental entity to finalize the transfer of assets to the successors.

Our services in this regard include:

• Drafting of enforceable wills for Muslims and Non- Muslims
• Opening a succession file in court and transferring ownership of assets to the successors.

“Defending the tenants’ rights to quiet enjoyment and the landlords’ rights of ownership of their real estate”

It is no secret that rental disputes are of one of the most common legal disputes in the UAE. Unlike other countries, the UAE is a transient environment with many expatriates. This is in addition to, Emirates such as Abu Dhabi and Dubai assigning investment areas to non-Emirati investors where they can own properties and rent them as they see fit. The main objective being to seek maximum returns on their investment. 

Thus, landlords routinely attempt to maximize rental income while minimizing maintenance costs. On the other hand, fluctuating job prospects and a changing economy greatly affect a tenant’s ability to afford higher rents and increased maintenance charges. Hence, disputes between landlords and tenants are an inevitable occurrence due to such divergence in each party’s interests.

In the last decade, the UAE government, in particular municipalities and land departments, have made concerted efforts to assist landlords and tenants in understanding their respective rights and obligations.

Such efforts have been supported by the introduction of information offices, typing centres, online rental increase calculators, case trackers, and an online database that details all the state laws related to landlords and tenants. With Each emirate, the Land Department has prescribed laws and regulations to effectively manage the relationship between a landlord and their tenant. Therefore, understanding the rights of landlords and tenants will go a long way in minimizing the possibility of disputes, as lots of such disputes are a consequence of a lack of awareness of each party’s rights and responsibilities. Some of the most common rental disputes filed by either landlords or tenants are:

• Increase in rent: There are restrictions on the quantum of increase in rents in most areas of the UAE. Unlike other countries, there is an upper limit which rent prices cannot be increased in a certain period.
• Eviction for non-payment of rent: Even if a tenant has not paid their rent, the landlord cannot simply throw them out. There is a due legal process that must be followed, with tenants only being evicted upon the order of a relevant judicial authority.
• Requesting the rent deposit: Upon the termination of a tenancy, the landlord is obliged to return the rental deposit to the tenant, after any deductions as allowed by law.
• Failure of the landlord to carry out maintenance of the property and repairing any damages or defects: Unless otherwise agreed between the parties, the landlord is responsible for all maintenance and repair of damages and defects. The exception would be if the damage has been caused by the tenant.
• Forceful eviction by the landlord after the expiry of a one year’s notice as per the law: As discussed above, a landlord cannot evict a tenant by themselves. They must approach the appropriate judicial authority and receive a legal order for eviction.
• Failure to maintain: Tenants also have an obligation to maintain the rented property, and therefore return it to the landlord in the same condition in which the tenant had received it.
• Sublease without the permission of the landlord: As a tenant, you cannot sub-lease the property without the permission of your landlord. Doing so is cause for grounds of eviction.

Our highly qualified and experienced team of lawyers and legal consultants are well-versed in UAE rental laws, with expertise in how they are applied on a practical level. We have represented both landlords and tenants before the rental dispute settlement centre, arbitration centres, and the courts.

We have acted on behalf of a diverse range of clients, from real estate developers to individual tenants and have a high rate of success before the various dispute resolution centres in the UAE.

Therefore, whether you are a landlord or a tenant, we can assist you in obtaining your rights throughout the UAE. We can do so by representing you in the rental dispute centre hearings, through the submission of claims and defence statements. If you are filing a case, then we can also assist in enforcing a final judgment against the counterparty once the judgment is obtained.