Appeals & Cassation Lawyer in Dubai
By the time a case reaches the Court of Cassation, arguing about the facts is no longer an option — the only question that matters is whether the courts below got the law right.
Cassation is not a third opportunity to re-argue the facts of a case. The Court of Cassation reviews whether the Court of Appeal correctly applied the law, properly reasoned its judgment, and respected the procedural rules governing the case — it does not re-examine evidence or substitute its own view of disputed facts for that of the lower courts.
Because cassation is limited to specific legal grounds — such as misapplication or misinterpretation of the law, a defect in reasoning, contradiction between the judgment's reasons and its operative part, or a breach of a party's right to a fair hearing — the first task in any cassation matter is identifying whether a genuine legal ground actually exists, rather than simply disagreeing with the outcome.
Cassation proceedings run on strict, short filing deadlines from the date of the Court of Appeal judgment, and the petition itself must be drafted with precision, since the Court of Cassation generally confines its review to the specific grounds properly raised. Missing the deadline or framing the grounds incorrectly can close off cassation entirely, regardless of how strong the underlying legal argument might have been.
How Cassation Matters Are Handled
- Judgment & Grounds AssessmentThe Court of Appeal judgment is reviewed in detail to identify whether a genuine ground for cassation exists, distinguishing legal errors from mere disagreement with factual findings.
- Deadline Calculation & Filing StrategyThe applicable cassation deadline is calculated precisely, and a filing strategy is set to ensure the petition is lodged in time and properly constituted.
- Drafting the Cassation PetitionThe petition is drafted to present each ground for cassation with precision, since the court's review is generally confined to the grounds properly raised and argued.
- Responding to a Cassation PetitionWhere cassation is sought against a favourable judgment, a response is prepared addressing why the Court of Appeal correctly applied the law and why cassation should be refused.
- Hearing & SubmissionsThe matter proceeds through the Court of Cassation's review process, addressing the court's questions and any additional submissions requested.
- Outcome & Next StepsFollowing the Court of Cassation's decision — whether upholding, quashing, or remitting the judgment — the practical implications and any further steps are assessed.
When You Need an Appeals & Cassation Lawyer
- You have received an unfavourable Court of Appeal judgment and believe the court misapplied the law.
- The other party has filed a cassation petition against a judgment in your favour.
- You believe the Court of Appeal's reasoning was contradictory, incomplete, or legally defective.
- You need an urgent assessment of whether cassation deadlines still allow a challenge.
- You want an honest assessment of whether your case actually has valid grounds for cassation.
- A Court of Cassation decision has quashed a judgment and you need advice on what happens next.
Services We Provide
- Assessment of cassation grounds following a Court of Appeal judgment
- Calculation and management of strict cassation filing deadlines
- Drafting and filing cassation petitions
- Responding to cassation petitions filed by an opposing party
- Representation before the Court of Cassation
- Advice on the practical effect of cassation decisions, including remittal
- Strategic advice on whether cassation is worth pursuing given the available grounds
Frequently Asked Questions
Can I appeal to the Court of Cassation just because I disagree with the facts found?
No — cassation is limited to legal grounds, such as misapplication of the law or defective reasoning, and generally does not allow the factual findings of the lower courts to be reopened.
How long do I have to file a cassation petition?
The deadline is strict and runs from the date of the Court of Appeal judgment, so it needs to be calculated and acted on immediately once a judgment is received.
What happens if the Court of Cassation quashes a judgment?
The matter is typically remitted to the Court of Appeal for reconsideration in light of the Court of Cassation's ruling on the legal point, rather than the Court of Cassation deciding the facts itself.
Is every unfavourable judgment worth challenging at cassation?
No — cassation should be pursued only where a genuine legal ground exists, since the court's review is narrow and simply being unhappy with the result is not itself a valid ground.
Do I need different representation for cassation than I had at the Court of Appeal?
Not necessarily, but cassation work requires a distinct skill set focused on identifying and arguing narrow legal grounds, which is worth confirming with your existing counsel.