The final Law Update of 2022 is here, and it’s packed full of articles. The double edition features two focus areas, first is a spotlight on Energy and Resources and second we feature a collection of articles on Transport and Logistics. The developments occurring in these sectors in the MENA region are unprecedented and our lawyers cover vast themes for you.
The Energy and Resources focus features topics such as diversifying energy resources, solar PV, mining in the Middle East, renewable energy and green hydrogen. From a transport perspective, we draw attention to the Bahrain metro project, discuss the challenges and remedies associated with the repossession of an aircraft, and there is advice on what to consider should a party vary the terms of a shipping contract.
This edition navigates you through updates from across jurisdictions such as, Oman, Jordan, Saudi Arabia, Egypt, Iraq, Qatar, and the UAE. Each article is timely and provides insights into legal issues and cases that are affecting these sectors across the region.Read the full edition
Rami Al Tal
Court of first Instance
The Claimant filed a claim against the Defendant to claim the limit of the insurance policy, due to the fact that the Claimant is entitled to indemnity under the policy, up to the policy limit for employee infidelity. As the Branch Manager breached the trust by not following established procedures and transferred the money before confirming with the bank that there was money in the account.
The court has decided to refer the matter to an expert in order to:
The expert reached the following conclusions:
The expert did not reply to the court query of whether he deliberately performed the transaction or not. The expert left this point to the court to consider because it is a legal point.
The Claimant confirmed to the court that the Branch Manager committed an intentional mistake to benefit from the funds, which is apparent from the following facts:
The Court of First Instance rendered its judgment in favor of Claimant by ordering the Defendant to pay the Claimant the amount of USD $ 1,975,000 with 9% interest from the date of filing the claim until the full payment, in addition to all expenses and fees.
The Defendant has filed an appeal before the Court of Appeal to challenge the Court of First Instance judgment. The Court of Appeal has not rendered a judgment yet.
The abovementioned judgment is currently under the appeal, and we will publish a further article once we receive the outcome of the appeal court judgment.