Tim Elliott
Welcome to Lawgical, the UAE’s first and only legal podcast. Lawgical comes to you from the Dubai-based legal firm HPL, Yamalova & Plewka. As ever, here is the Managing Partner Ludmila Yamalova. It’s great to see you.
Ludmila Yamalova
Good to be chatting with you, Tim, as always. Thank you for being here.
Tim Elliott
Now, this time on Lawgical, a special legal tool, I think, is the best way to characterize it: orders on petition. Ludmila, can I just start with, what on earth is an order on petition?
Ludmila Yamalova
Indeed. It’s basically a request to the court to issue a decision ordering a third party to do or not to do something. It’s quite an interesting tool, because as you rightly said, it is a legal tool, but it’s also expedited and almost administrative. It allows you to solicit the court’s help in resolving a matter efficiently.
Tim Elliott
So, it’s essentially a court order for another party to do or not do a specific act. This is a way of saying, “Right, let’s get this done.”
Ludmila Yamalova
Exactly. Let’s go through some examples. This tool has been in the UAE legal system for a few years, but in the last two or three years, it has become more understood and frequently used. It is incredibly effective.
For instance, let’s say your employer is holding your passport, which is unfortunately a common phenomenon here, although illegal under UAE employment law and the UAE Constitution. If your employer refuses to return your passport, you can file an order on petition. The court can issue a decision within a day or two requiring the employer to return the passport.
Tim Elliott
So, it’s a straightforward case of someone not playing ball, and you need the court to intervene.
Ludmila Yamalova
Exactly. Another example is if a parent is worried that their spouse might leave the country with their child. You can use an order on petition to impose a travel ban on the child. Similarly, if you need a birth certificate but don’t meet the standard requirements—such as not having a marriage certificate or having a marriage certificate less than six months old—you can use an order on petition to request a birth certificate from the court.
Tim Elliott
It sounds like a very efficient process. How does one apply?
Ludmila Yamalova
There are two ways: online through the court’s website or by visiting a typing center. Typing centers, like Tasheel, are essentially an extension of the courts and will handle the submission for you. Once submitted, the court typically issues a decision within a day or two.
With the court order in hand, you can go to the relevant authority—for example, the police if someone is holding your passport—and they will enforce it.
Tim Elliott
What happens if the other party ignores the court order?
Ludmila Yamalova
Ignoring a court order is serious. If someone refuses to comply, the police can open a case against them and even impose a travel ban.
Tim Elliott
What about costs?
Ludmila Yamalova
The costs are minimal. Depending on the request, it can be free or range from AED 50 to AED 1,000. This affordability makes it accessible even to individuals with limited financial means, such as laborers or domestic workers.
Tim Elliott
And what kind of evidence do you need to support your petition?
Ludmila Yamalova
It depends on the case, but the evidence required is usually minimal. For example, if your employer is holding your passport, you just need to provide basic details, like their name and contact information. The presumption is that you are telling the truth, as lying to the court has serious consequences.
Tim Elliott
That’s another episode of Lawgical, this time on orders on petition—an expedited court decision that orders a party to do or not do a specific act. As ever, our legal expert, Ludmila Yamalova, Managing Partner here at Yamalova & Plewka. Thank you as always.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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