The UAE and The UK’s civil Court system share commonalities, however the court systems also convey a range of differences, which are discussed in detail below.

DIFC was established in 2006 locating in Dubai international Financial Centre and is considered to be a modern-day court, whereas the UK judicial system has developed throughout hundreds of years. Within this, the court is specifically structured to handle commercial and civil disputes, for example: property damage and employment contracts. Difc consists of two primary courts, thus being The Court of First Instance and The Court of Appeal and is open to public observation and the media. UK civil justice is resolved primarily in county courts as civil disputes are not perceived as vastly significant in order to be resolved in High court and on full trial. Likewise to the UAE, there is a distinctive difference between civil justice and criminal justice, in which criminal disputes take place in the Magistrates Court usually by the Crown Prosecution Service as for the UAE criminal disputes are resolved in The Court of First Instance or the Misdemeanours court. However, in the UK highly serious crimes such as murder and rape will be heard in High Court where consequential imprisonment and penalties will be discussed.

The DIFC Courts bench of six international and two Emirati resident judges is represented by Chief Justice Michael Hwang. The judges present themselves with formal professional attire such as black robes or local Emirati traditional kondora if the judge is Emirati. Whereas in the UK, during a criminal hearing judges arrive in a scarlet robe with grey silk facing and a jabot wig. However, in civil cases the judges wear a black silk gown, a bar jacket with either bands or a jabot and a bench wig. As for this, judges representing the UK’s civil court and the Difc Court, are eligible to present evidence in a variation of ways. These include: testimonial evidence, documentary evidence, presenting an exhibit of evidence to the other party in court and objections. As for civil courts, the most common method of presenting evidence is through witness testimony as the nature of the civil crimes does not often require long trials in court in which, vast amounts of evidence does not need to be given.

During the DIFC court hearing, the judge had worn a black robe, whereas the lawyers presented themselves with professional suit attire. The legal issue of the termination of employment contracts without any valid reason was presented in court. A fellow citizen of the UAE claimed his company terminated his contract without prior notice and salary. As a result, the employee requested a claim of approximately $16,000 in compensation. The relationship between the defendant and victim was bitter as the defendant claimed that the victim’s salary had been paid in time before the termination of the contract, however, evidence was presented by the victims lawyer which was the overall key to success within this hearing. The lawyer had effectively presented the information by providing documented evidence to the judge of the company’s balance sheet which had resolved the case, allowing the victim to receive his well-deserved claim. Furthermore, the lawyer spoke in a persuasive and formative manner which allowed the hearing to seem more convincing towards the side of the victim. As well as the professionalism handled extraordinary well by the judge, lawyers and the public, the overall ambiance of the court such as the mahogany tinted walls and the quite atmosphere created an aura of competence. This is extremely vital as professional environments permit the ability for a judge and court officials to work as effectively and ethically as possible.

Conclusively, there are several benefits of visiting DIFC Court. These include: gaining a real perspective and experience of genuine hearings, understanding the structure and jurisdiction of civil courts and gaining knowledge of a variety of methods lawyers use to present evidence within the court hearing. It is necessary for anyone striving to become a successful lawyer or court official to gain as much experience as possible, hence why it is crucial to attend public court hearings.

The overall impression of the DIFC court was exceptional as the majority of trials are achieved within one day and justice is righteously and ethically served. Perhaps, the court hearings could be extended to a longer period of time to avoid biased and rushed decisions which may be unfair for some defendants.

References

1.) Courts and Tribunals judiciary, ‘About the Judiciary’ 2016 https://www.judiciary.gov.uk/about-the-judiciary/who-are-the-judiciary/court-dress/examples/> accessed 6 April 2016

2.) DIFC Court, ’Judges’ (DIFC Courts 2014) http://difccourts.ae/about-the-courts/courts-structure/judges/> accessed 5 April 2016

3.) DIFC Court, ‘Frequently Asked Questions’ (DIFC Courts 2014) http://difccourts.ae/about-the-courts/faqs/> accessed 5 April 2016

4.) Open Justice, ‘The truth about criminal cases’ 2014 http://open.justice.gov.uk/courts/criminal-cases/> accessed 5 April 2016.

5.) Kumar A, ‘Speedy resolution of civil and commercial disputes’ 2012 accessed 6 April 2016

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