Charles Russell Speechlys secures landmark win in the Dubai Commercial Supreme Court
min readCharles Russell Speechlys today announces that its Civil Litigation team, led by Partner Ghassan El Daye, has obtained a landmark win against a major telecommunications company, setting a significant legal precedent under UAE tort law.
The Dubai Commercial Supreme Court has issued its final and irrevocable judgment in favour of our client, an individual who was the victim of a ‘sim card swap’ fraud in relation to his UAE bank account. With the client having exhausted the option of pursuing the bank on a previous occasion, our team’s strategy consisted of pursuing the telecommunications provider instead, on the basis of their negligence in failing to conduct the appropriate checks to authenticate fabricated documents used by the fraudsters.
On 12 June, the court upheld the previous favourable judgments from both the Supreme Court and the Court of Appeal, setting a significant legal precedent which establishes a duty of care owed by such providers not only towards their customers, but to third parties affected by negligence as well, as the sim card did not belong to the client himself.
Ghassan El Daye, the lead Partner on the case, and Head of Civil Litigation for the Middle East, comments:
“This case was exceptionally rare, especially considering that the court extended the rendering of its final verdict seven consecutive times over a period of 10 months; a practice scarcely exercised by the Supreme Court.
The landmark judgment sets a vital precedent for victims of banking fraud who have struggled to sue banks successfully. This outcome and process cements the unparalleled faith in the UAE judicial system, as this victory is not just a personal triumph but a beacon of hope for many others.
The client, delighted at the outcome commented:
Thank you for the good news, you are a trustworthy lawyer and human being! It was a dead case and you brought it alive and won it. You have my respect and appreciation.
