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Difference Between Appeal & Cassation in UAE Law

ALMENHALI ADVOCATES 28 February 2025 5 MIN READ
Difference Between Appeal & Cassation in UAE Law

Two routes for challenging a judgment — but they serve very different functions in the UAE court hierarchy.

Appeals and cassations both challenge court judgments, but they operate at different levels and serve very different functions within the UAE court system.

An appeal is filed against a judgment from a Court of First Instance and is heard by the Court of Appeal. It is a broad review: the appellate court can re-examine evidence, accept new arguments and documents, and uphold, amend, or overturn the original judgment. Appeals apply across civil, commercial, and criminal cases, and they remain one of the most important opportunities to correct an unfavourable result.

Cassation is the highest level of judicial review and operates with a narrower scope. It is filed against a judgment from the Court of Appeal and heard by the Court of Cassation. Cassation reviews errors of law only — no fact re-evaluation, no new evidence. The court can dismiss the petition, annul the judgment, or remand the matter for retrial. In cassation criminal cases especially, procedural precision is everything.

The practical differences matter. Appeals re-examine facts and law; cassation looks at law alone. Appeals allow new evidence; cassation does not. Appeals are moderately complex; cassation is highly technical work that demands precise drafting and a sharp reading of how the Court of Appeal reasoned.

This is where legal expertise becomes decisive. UAE courts enforce strict procedural rules — missed deadlines or procedural errors can permanently shut the door on a case. Specialised counsel is essential for cassation work, particularly in criminal matters, where the standards for showing legal error are demanding and the consequences of failure are final.

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AREF AL MENHALI ADVOCATES
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