The Dubai Court of First Instance has dismissed a civil claim seeking Dh150,000 in damages over alleged abusive reporting, ruling that filing a criminal complaint is a lawful exercise of a protected legal right unless it is proven that the complaint was made in bad faith or with intent to cause harm.
The defendant, represented by Mohammed Al Awami Al Mansoori of Al Awami Al Mansoori Advocates and Legal Consultants, argued that his client had exercised a constitutionally protected right to approach the authorities, stressing that civil liability cannot arise unless a complaint is filed maliciously.
In its judgment, the court found that the plaintiff failed to demonstrate any actionable wrongdoing by the defendant. There was no evidence of abuse of process, improper motive, or a causal connection sufficient to establish civil liability. The plaintiff was ordered to cover court fees and expenses and pay Dh1,000 in legal costs to the defendant.
The case stemmed from a former employment relationship at a Dubai-based aircraft maintenance engineering company. The defendant had been terminated for alleged violations by a company manager.
Afterward, the defendant sought new employment. During this period, an email was sent to a prospective employer stating that the defendant had been terminated for misconduct and referenced pending labor and legal matters. The plaintiff, copied on the email, claimed he did not author it.
Believing the email harmed his reputation and employment prospects, the plaintiff filed a police report alleging libel and insult through electronic means. An investigation was conducted, but the Public Prosecution later found insufficient grounds for criminal charges.
Following the closure of the criminal case, the plaintiff initiated civil proceedings, claiming that the police report had led to a temporary travel ban, financial losses, reputational damage, and psychological distress. He argued the complaint was retaliatory and not filed in good faith.
The defense countered that UAE law distinguishes between the lawful use of judicial mechanisms and abuse of rights, noting that precautionary measures like travel bans are imposed at the discretion of investigative authorities and cannot be directly attributed to the complainant.
The court cited Article 106 of the UAE Civil Transactions Law, which states that reporting suspected criminal conduct is lawful and only becomes actionable if exercised without legitimate interest or for an improper purpose.
After reviewing evidence, the court found no indication of bad faith, retaliation, or intent to harm by the defendant. It also noted that the disputed email originated from a third party, and the travel ban was imposed by authorities, not at the defendant’s request.
The court concluded that the defendant acted within the bounds of lawful conduct, and no compensable loss was proven. Consequently, the claim was dismissed in full, with the plaintiff responsible for court fees and Dh1,000 toward the defendant’s legal costs.
