Commentary on the Cassation Ruling - Expert Committee's Verdict

The Dubai Court of Cassation recently issued a significant judgment in a cassation submitted by one of the appointed expert committees, which has garnered significant attention within the legal community. The Dubai Court of First Instance had initially rejected a compensation claim against the expert committee. However, the Dubai Court of Appeal overturned the decision, holding the committee liable for compensation due to serious errors that caused substantial damages to the plaintiff.

Upon reviewing the expert committee’s case, the Court of Cassation overturned its judgment and upheld the appellate judgment that dismissed the case. The Court of Cassation emphasized the pivotal role played by experts in matters requiring adjudication, recognizing the technical nuances that may elude the judge's expertise. In such instances, the judge relies on the expert for comprehension and insight, thereby appointing the expert to benefit from their report in the specific issues outlined in the preliminary judgment.

Given the critical nature of experts in resolving technical matters, the ruling emphasized that legislation grants special significance to it and regulates it procedurally and substantively. It highlighted the expert’s accountability for errors committed during the execution of their task, subject to the general rules of civil liability. Even if the judge adopts the expert's perspective without identifying any flaws in their report, the expert remains responsible for errors.

The court stressed that the expert's responsibility for compensation stems from negligent conduct, wherein they deviate from the technical principles of expertise or neglect necessary care. Additionally, the court clarified that the expert's responsibility for compensation does not absolve them from disciplinary penalties imposed in connection with their professional duties.

In essence, the Dubai Court of Cassation established a crucial principle elucidating the role of appointed experts in court proceedings, outlining their responsibilities for compensation towards damages. This underscores the ongoing evolution in the interpretation of the law in Dubai.