Refusal to pay the amount after losing the case in the "appeal"

Client pays attorney fees with a check without balance

The Abu Dhabi Court of Appeal upheld a ruling of the court of first instance requiring a client to pay a law firm an amount of 161,700 dirhams, noting that the fee agreement signed between them stipulates that the plaintiff is entitled to the amount agreed upon when the defendant gets a judgment in his favor, and the agreement on the obligation to appeal the judgment is not attached Or appeal against him in cassation.

In the details, a law firm filed a lawsuit demanding that his client be obligated to pay the amount of 161 thousand and 700 dirhams, indicating that according to a lawyer fee agreement with the defendant, the latter issued him a check in the amount of 161 thousand and 700 dirhams, but that the check bounced without cashing it and the defendant refused Payment, and he also issued an order to sign the seizure of any sums that are deposited within the limits of the claimed amount, and the defendant was prevented from traveling pending the determination of the merits.

The defendant submitted a memorandum requesting rejection of the case, canceling the seizure, and obligating the plaintiff to return the check. The Commercial Court ruled that it had no specific competence to hear the case, and transferred it to the Abu Dhabi High Court, which considered the lawsuit and decided to oblige the defendant to pay the plaintiff 161 thousand and 700 dirhams and interest at 4% from the date Filing the lawsuit until full payment.

This court did not accept the plaintiff in the law firm, so he lodged an appeal demanding the cancellation of the part related to the rejection of the compensation request and the amendment of the interest value to be 12% of the value of the adjudicated amount, and upholding the judgment with the exception of that, while the defendant filed a counter-appeal against the wrong judgment in the application The law, demanding the dismissal of the case, delegating experience to show the appellant's breach of the fee agreement, and not making any effort on him worth any fees and not obtaining the final judgment.

He confirmed that the office obtained a judgment in his favor in the first degree, and it was canceled by the Court of Appeal, and he refused to register the judgment despite his request to do so, which prompted him to seek the help of another law firm to register a veto on the judgment and then decided for him the amount decided upon and the other office executed Judgment.

The Court of Appeal stated in the merits of its ruling that it is proven from the fee agreement drawn up between the two parties that it was agreed in it that the first party (the plaintiff) is entitled to the amount agreed upon and claimed in the case, when the second party obtains a ruling in his favor, and the agreement on the necessity of the appeal for the judgment or procedure Appeal against him in cassation.

The court ruled accepting the two appeals in form and in substance, rejecting them and upholding the appealed judgment, and obligating each appellant to pay the expenses of his appeal.

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