Dubai court rejects Dh150,000 claim over alleged abuse report

The Dubai Court of First Instance dismissed a civil claim seeking Dh150,000 in damages arising from an allegation of abusive reporting, holding that the filing of criminal complaints constitutes a lawful exercise of a protected legal right unless bad faith and intent to cause harm are established on the balance of probabilities.

The defendant was represented by lawyer Mohammed Al Awami Al Mansoori of Al Awami Al Mansoori Advocates and Legal Consultants, who told the court that his client had merely exercised his constitutionally protected right to approach the authorities, stressing that civil liability cannot arise unless a complaint is filed in bad faith or solely for the purpose of causing harm.

In its judgment, the court found that the plaintiff failed to establish any actionable wrongdoing attributable to the defendant, including the absence of evidence demonstrating abuse of process, improper motive or a causal connection sufficient to ground civil liability. The court ordered the plaintiff to bear the court fees and expenses and to pay Dh1,000 in legal costs to the defendant.

Court records showed that the dispute arose from a former employment relationship at aircraft maintenance engineering company in Dubai, where both parties had previously worked. The defendant’s employment was terminated by a company manager following alleged violations.

After the dismissal, the defendant sought new employment. During that period, an email was sent to a prospective employer stating that he had been terminated for misconduct and referring to pending labour and legal matters. The plaintiff maintained that he did not author the email and was merely copied on the correspondence.

Believing that the email had damaged his reputation and employment prospects, the former employee filed a police report alleging libel and insult through electronic means. An investigation was launched, but the Public Prosecution later decided that there were insufficient grounds to proceed with criminal charges.

Following the closure of the criminal file, the plaintiff initiated civil proceedings, claiming that the police report had resulted in a temporary travel ban lasting several months and had caused financial loss, reputational damage and psychological distress. He argued that the complaint was not filed in good faith but was motivated by retaliation arising from the employment termination.

The defence rejected the allegation, submitting that UAE legislation draws a clear distinction between the lawful invocation of judicial mechanisms and impermissible abuse thereof. It further argued that precautionary measures, including travel bans, are imposed at the discretion of investigative authorities and cannot be attributed directly to the complainant.

In its determination, the court relied on Article 106 of the UAE Civil Transactions Law governing abuse of rights. It held that the right to report suspected criminal conduct is lawful and becomes actionable only where exercised without legitimate interest or solely for an improper purpose.

After reviewing the evidence, the court found no indication of bad faith, retaliatory motive or deliberate intent to injure on the part of the defendant. It ruled that the discontinuance of criminal proceedings does not, without more, establish abusive or false reporting.

Al Awami further noted that the disputed email originated from a third party, with no evidential basis for attributing authorship or responsibility to the defendant. It also confirmed that the travel ban was imposed by investigative authorities and not at the defendant’s request.

Accordingly, the court concluded that the defendant had acted within the bounds of lawful conduct and that no compensable loss had been established, leading to the dismissal of the claim in its entirety, with the plaintiff ordered to bear all court fees and expenses and to pay Dh1,000 in legal costs toward the defendant's attorney fees.