The Dubai Civil Court has ordered an Arab defendant convicted of breach of trust to pay Dh2.252 million in compensation to the victim for material and moral damages, following a final criminal judgment that sentenced him to one year in prison and deportation.
The Dubai Court of First Instance for Civil Claims said the compensation was due after the misdemeanours court found the defendant guilty of misappropriating the disputed funds and issued a custodial sentence along with an order for his removal from the country.
Case filings show the plaintiff filed a police report accusing the defendant of breach of trust and unlawfully seizing the money. Public prosecutors investigated and referred the case to the criminal court, which convicted the defendant after confirming he had taken the funds.
In his civil claim, the plaintiff said the offence caused significant financial and moral harm, including the loss of the principal amount, the inability to invest it, and non-material damage from the violation of his property rights and the need to pursue lengthy legal action.
The civil court said liability for a harmful act requires three elements: fault, damage, and a causal link between them. Citing Article 282 of the Civil Transactions Law, the court noted that a harmful act may be a positive act or an omission, whether intentional or negligent.
It also emphasized that while the burden of proof rests with the injured party, a final criminal judgment is binding on the civil court regarding matters conclusively decided, including the occurrence of the act, its legal classification, and its attribution to the defendant.
Applying this principle, the court said the defendant’s fault was established by the criminal conviction for misappropriating the funds and could not be challenged in the civil case.
The court added that the defendant’s actions caused loss of money, deprivation of potential investment returns, additional legal costs, and moral damage from the infringement of property and need to resort to litigation.
The court noted that compensation can be awarded as a consolidated sum without separating each head of damage. It ultimately ordered the defendant to pay Dh2.252 million in compensation, in addition to legal interest, court fees, and lawyers’ costs.
