Dubai International Financial Centre Courts plans to expand its pro bono programme to offer potential claimants the opportunity to avoid paying legal fees for respondents, even if they lose their case.
Pro bono claimants are currently liable to pay respondents’ legal fees if they are unsuccessful. The scheme was launched in 2009.
The courts have launched a consultation on proposed amendments to the rules governing court procedures, which include significant changes to its rules on costs orders in favour of a party represented pro bono.
According to the proposed changes, “in certain instances a pro bono litigant may be entitled to a cost-free trial, where he/she will not be obliged to meet the legal costs of the opposing party or parties even if the pro bono litigant loses his or her case” .
The proposed changes, if implemented, would give an additional layer of security to would-be litigants concerned at the potential costs of bringing a case in the courts, according to Mark Beer, the DIFC Courts registrar.
“The mechanism we’re proposing to introduce would mean that if you get through a fairly challenging set of reviews and prove you have a meritorious case, then you can bring someone to court without any risks as to legal fees,” he said. “Historically you could get free pro bono legal advice, but if you lost your case you would still be on the hook for the other side’s legal costs.”
While intended to boost access to the courts for those who could not afford commercial legal fees, Mr Beer conceded that for the rules to be fair on respondents, the court faced a balancing act. “There are some on the other side of the equation who may well protest that they have to defend these cases, and would have to pay their own legal fees even if they win,” he said.
Under the proposed new rules, parties seeking a cost-free trial must convince the existing DIFC Courts’ Pro Bono Panel that there is a reasonable prospect that their case will succeed.
Applicants currently seeking pro bono representation in the courts have to present the panel with evidence that they are unable to afford legal representation in the DIFC Courts at market rates.
The plan to expand the Courts’pro bono scheme was a welcome move, said Jonathon Davidson, managing partner at Davidson and Co, one of several local firms that offer their support to the programme.
“The scheme, the first of its kind in the region, has brought greater access to justice for those who are most in need,” said Mr Davidson. “The further expansion of the programme will position it as one of the leading schemes in the world, and ensure those in need of justice have access.”
Yet the new rules, if implemented, may not lead to a large increase in the courts’ caseload, added Mr Davidson, with only a certain number of cost-free cases likely to be allowed by the pro bono panel .
“If the panel allows the claimant a cost-free trial, the respondent would have to be very confident of their chances of success, otherwise they would be much more likely to settle. It will inject some much- needed common sense into proceedings,” he said.
The DIFC Courts’ consultation on the new rules will run until October 26. The courts will host the latest in its pro bono free advice clinics on October 21.
jeverington@thenational.ae
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COMPANY PROFILE
Name: Qyubic
Started: October 2023
Founder: Namrata Raina
Based: Dubai
Sector: E-commerce
Current number of staff: 10
Investment stage: Pre-seed
Initial investment: Undisclosed
The biog
Name: Gul Raziq
From: Charsadda, Pakistan
Family: Wife and six children
Favourite holes at Al Ghazal: 15 and 8
Golf Handicap: 6
Childhood sport: cricket
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Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
New process leads to panic among jobseekers
As a UAE-based travel agent who processes tourist visas from the Philippines, Jennifer Pacia Gado is fielding a lot of calls from concerned travellers just now. And they are all asking the same question.
“My clients are mostly Filipinos, and they [all want to know] about good conduct certificates,” says the 34-year-old Filipina, who has lived in the UAE for five years.
Ms Gado contacted the Philippines Embassy to get more information on the certificate so she can share it with her clients. She says many are worried about the process and associated costs – which could be as high as Dh500 to obtain and attest a good conduct certificate from the Philippines for jobseekers already living in the UAE.
“They are worried about this because when they arrive here without the NBI [National Bureau of Investigation] clearance, it is a hassle because it takes time,” she says.
“They need to go first to the embassy to apply for the application of the NBI clearance. After that they have go to the police station [in the UAE] for the fingerprints. And then they will apply for the special power of attorney so that someone can finish the process in the Philippines. So it is a long process and more expensive if you are doing it from here.”
The five pillars of Islam
1. Fasting
2. Prayer
3. Hajj
4. Shahada
5. Zakat
Singham Again
Director: Rohit Shetty
Stars: Ajay Devgn, Kareena Kapoor Khan, Ranveer Singh, Akshay Kumar, Tiger Shroff, Deepika Padukone
Rating: 3/5
Fixtures (6pm UAE unless stated)
Saturday Bournemouth v Leicester City, Chelsea v Manchester City (8.30pm), Huddersfield v Tottenham Hotspur (3.30pm), Manchester United v Crystal Palace, Stoke City v Southampton, West Bromwich Albion v Watford, West Ham United v Swansea City
Sunday Arsenal v Brighton (3pm), Everton v Burnley (5.15pm), Newcastle United v Liverpool (6.30pm)
Day 2, Abu Dhabi Test: At a glance
Moment of the day Dinesh Chandimal has inherited a challenging job, after being made Sri Lanka’s Test captain. He responded in perfect fashion, with an easy-natured century against Pakistan. He brought up three figures with a majestic cover drive, which he just stood and admired.
Stat of the day – 33 It took 33 balls for Dilruwan Perera to get off the mark. His time on zero was eventful enough. The Sri Lankan No 7 was given out LBW twice, but managed to have both decisions overturned on review. The TV replays showed both times that he had inside edged the ball onto his pad.
The verdict In the two previous times these two sides have met in Abu Dhabi, the Tests have been drawn. The docile nature of proceedings so far makes that the likely outcome again this time, but both sides will be harbouring thoughts that they can force their way into a winning position.
If you go:
The flights: Etihad, Emirates, British Airways and Virgin all fly from the UAE to London from Dh2,700 return, including taxes
The tours: The Tour for Muggles usually runs several times a day, lasts about two-and-a-half hours and costs £14 (Dh67)
Harry Potter and the Cursed Child is on now at the Palace Theatre. Tickets need booking significantly in advance
Entrance to the Harry Potter exhibition at the House of MinaLima is free
The hotel: The grand, 1909-built Strand Palace Hotel is in a handy location near the Theatre District and several of the key Harry Potter filming and inspiration sites. The family rooms are spacious, with sofa beds that can accommodate children, and wooden shutters that keep out the light at night. Rooms cost from £170 (Dh808).
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Electoral College Victory
Trump has so far secured 295 Electoral College votes, according to the Associated Press, exceeding the 270 needed to win. Only Nevada and Arizona remain to be called, and both swing states are leaning Republican. Trump swept all five remaining swing states, North Carolina, Georgia, Pennsylvania, Michigan and Wisconsin, sealing his path to victory and giving him a strong mandate.
Popular Vote Tally
The count is ongoing, but Trump currently leads with nearly 51 per cent of the popular vote to Harris’s 47.6 per cent. Trump has over 72.2 million votes, while Harris trails with approximately 67.4 million.
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Citadel: Honey Bunny first episode
Directors: Raj & DK
Stars: Varun Dhawan, Samantha Ruth Prabhu, Kashvi Majmundar, Kay Kay Menon
Rating: 4/5
SPECS
Engine: 4-litre V8 twin-turbo
Power: 630hp
Torque: 850Nm
Transmission: 8-speed Tiptronic automatic
Price: From Dh599,000
On sale: Now
