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Personal Injury Fraud

Fraud implicating professionals on the rise


City Of London police says that they are concerned that professionals such as doctors are being targeted by organized fraudsters who have latched onto the very lucrative business of insurance fraud, which has become a real problem in the last 5 years. Doctors are of course critical for a successful personal injury claim, since most of these turn on medical evidence and this is particularly the case for whiplash claims because whiplash is a soft tissue injury and difficult to disprove if backed by medical evidence.

As the problem has escalated so a specific department of the police, partially funded by insurers, the Insurance Fraud Enforcement Department (IFED) has been set up, although it is unclear whether this is sufficiently funded and therefore resourced to deal with a problem that frankly has got out of hand. When fraud becomes almost acceptable, in the eyes of the public, there is a real problem.  A much higher percentage of the public are now making personal injury claims, and frankly, this problem should have been addressed a while ago by both insurers and the Government, both of whom have known about it for some time.

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Looking for a Lawyer: Suing for Breach of Trust
Dubai Legal Consultants will hereby provide you with a brief overview of the most common offence in the UAE that is Breach of Trust. UAE Legislative Framework The Criminal Law of UAE, Federal Law Number 3 of 1987 governs fraud and breach of trust within UAE. Breach of trust is a common scenario where a trusted employee or a business partner takes advantage of their position to detriment the employee or another partner. Article 404 of the Criminal Law criminalizes breach of trust as follows: "Shall face penalty by way of detention or a fine, whoever embezzles, uses amounts, bills or any movable property to the prejudice of the owner whenever the concerned movable property is handed over to him through deposit, lease, pledge, loan for consumption or by way of proxy. In the application of this provision shall be considered as a proxy, the joint owner of the property, the officious on the property of the interested owner and whoever received something to be used in a specific matter for the benefit of its owner or of others." It is believed that the joint owners of the immovable property are held by them in trust and any violation of this provision would allow the innocent business partner or the employer to seek adequate justice from the criminal court. However, the penalty by way of imprisonment or fine shall be at the discretion of the court depending upon the intensity of the offence and its categorization. Courts are liberalized to issue any penalty in order to deter residents from committing such offence. Nevertheless, breach of trust is also referred to as misdemeanour for which a fine of maximum AED 30,000 shall be imposed along with imprisonment of a maximum term of 3 years. In addition, the term fraud is often confused with breach of trust and used interchangeably. Although both the terms depict the dishonesty of the accused, however, the law differs both as under Article 399 of the law states the circumstances which can be considered as fraud as follows: "Shall be sentenced to imprisonment or to a fine, whoever succeeds in appropriating, for him or for others, movable property, a deed or a signature thereon, cancellation, destruction or amendment thereof through deceitful means or use of false name or capacity, whenever this leads to deceit the victim and have him give away shall be sentenced to the same penalty, whoever disposes of an immovable or movable property being aware that it is not his property, that he is not entitled to dispose of it or disposes of it knowing that he previously disposed of, or contracted, it whenever such act of disposition causes prejudice to others. Should the object of the crime be the property or a deed belonging to the State or tone of the bodies mentioned in Article (5, this shall constitute an aggravating circumstance. An attempt shall be sanctioned by detention for a term not exceeding two years or a fine not in excess of twenty thousand Dirham. When condemning the recidivist to detention for a period of one year or more, the court may order putting him under control for a maximum period of two years provided it does not exceed the period of the adjudicated penalty." New Technology New Punishment In the aforementioned scenarios, if in any event the accused has used an electronic device, he can be convicted under UAE Cybercrime Law, Federal Law Number 5 of 2012. The Cybercrime Law imposes stricter punishment for similar offences as compared to the Penal Code. A criminal complaint can be registered if: Intentionally using a forged document; Forging a document through electronic means; Using technological means to obtain property illegally; Unlawful ways of accessing bank accounts electronically; Unauthorized usage of the electronic system. Some common instances of breach of trust involve unauthorized access of client details, accounting records or banking details of the employer to frequently transfer money. Nevertheless, the civil law system of UAE also allows the victims to initiate civil proceedings to seek compensation for the damages incurred. The claimant can run both the cases simultaneously or can register a criminal complaint and post receiving favourable judgment can proceed with the civil case to obtain adequate damages. Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided. Originally published at https://www.professionallawyer.me/legal-articles/criminal-law/looking-for-a-lawyer
Photography Law in Dubai: Points to consider before taking a picture
The concerned article regarding photography law written by experienced Lawyers in Dubai captures the liability of an individual for photographing another person within the territory under the Cybercrime law. Simply, clicking pictures of someone else in public without specific consent can put you to immediate police custody. However, there are certain cases, wherein the criminal court prior to issuing the verdict will determine such as the criminal intent or element of mens rea. It is evident from the recent case in Abu Dhabi; wherein, a feud happened between two drivers over the right to way at the entrance of the road. He claimed that he had the primary right to enter the particular road, whereas denied by the other. Whilst waiting for the police officer to arrive, the first person claiming his right of way clicked the picture of another person and position of his car on the road for the police to understand. However, the other person filed a criminal complaint alleging the invasion of privacy by clicking pictures without prior consent. The Cybercrime Law The Criminal Court of First Instance referred to Article 21(2) of the Cybercrime Law which reads as follows: “Shall be punished by imprisonment of a period of at least six months and a fine not less than one hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses a computer network or an electronic information system or any information technology means for the invasion of privacy of another person in other than the cases allowed by the law and by any of the following ways: • Eavesdropping, interception, recording, transferring, transmitting or disclosure of conversations or communications, or audio or visual materials. • Photographing others or creating, transferring, disclosing, copying or saving electronic photos. • Publishing news, electronic photos or photographs, scenes, comments, statements or information even if true and correct. Shall also be punished by imprisonment for a period of at least one year and a fine not less than two hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses an electronic information system or any information technology means for amending or processing a record, photo or scene for the purpose of defamation of or offending another person or for attacking or invading his privacy.” In accordance with the above article, the Court ruled against the Defendant and ordered him to pay AED 250,000 as fine along with confiscation of mobile phone and deportation. However, Defendant filed an appeal wherein, the fine amount was reduced to AED 50,000 and confiscation, and deportation orders were cancelled. The matter was again referred to the Court of Cassation by both the parties. The public prosecutor requested the court to uphold the decision of Court of First Instance. However, the court was of the opinion that the elements of Article 21 (2) are not met. The Supreme Court further explained that the liability under Article 21(2) would only arise if the Defendant intentionally clicks the picture with the intent of invading someone’s privacy. Whereas, in the present scenario, the Defendant was recording the view of Complainer’s car. Thus, the court released the Defendant from any charges and withheld the judgment of Appeal Court. Furthermore, Article 378 of the UAE Penal Code, Federal Law Number 3 of 1987 out rightly mentions that clicking someone’s picture without his/her comment is an illegal activity in the country and will be termed an invasion of privacy. The act will lead to hefty fines along with confiscation of the device. On a similar note Federal Law Number 7 of 2002 concerning UAE Copyrights Law prohibits the act of taking someone else’s picture without prior consent and publishing such picture on any social media website for public display. Conclusion It is strictly prohibited or forbidden all the individuals including the tourist to click pictures of some other individual without prior consent. However, as we witnessed from the aforementioned case, it all boils down to the intent of the accused as to whether he intended to violate or invade other person’s privacy, subject to court’s discretion. Yet, precaution is advised in all cases. https://www.professionallawyer.me/blog/general-information/photography-law-dubai-points-consider-taking-picture/
Abetting in Crime: Criminal accountability for parties involved
It is clear from the factual background that A will commit the robbery and others will only assist him in the commission of this crime. Thus, the question raised by the criminal lawyers in Dubai here is to consider the criminal accountability of parties who merely supported in the commissioning of such crime and were not directly involved or parties who were directly involved but did not commit the crime. These individuals are legally termed as Accomplices who play different roles in assisting the perpetrator in his crime. In the foregoing act, all of them involved in the crime are divided into several categories such as the one who actually committed the crime, the one who encouraged the perpetrator to commit, however, was not present at the sight like D, the one who assist in the escape of the accused and the one who made the plan or who has the knowledge of such criminal act and kept quiet. The principle of accomplice depicts that an individual can be blamed for a crime committed by another person. The act of accomplice is secondary in nature since there is a lack of direct involvement in the crime, the liability of an accomplice requires an intention to promote or facilitate the perpetrator of an offence. The requirement of intention guarantees that the assistant has a stake in the principal's actions. Since the accomplice's cognizant goal is that the crime is committed and thus helps the perpetrator, it is reasonable to hold the accomplice liable for the acts of principal. The reason behind blaming or imposing liability on the secondary actor stem from an inborn sense of justice. As understood in criminal jurisprudence and by experience of Dubai Lawyers that one who willingly participates or assists in the commission of a criminal act is equally liable as that of the one who commits the act and thus, deserves equal punishment. The nexus between liability and penalty is the basis of criminal law and justifies the principle of accomplice liability. The scenario under UAE Penal Code UAE Federal Law Number 3 of 1987 regarding the Penal Code (the Penal Law) under chapter 3 provides for the concept of an accomplice or criminal conspiracy. The accomplice is defined under Article 44 of the Law as a person who commits a crime alone or acts as a direct accomplice shall be referred to as perpetrator of the criminal act. However, in order to determine if the accomplice is direct accomplice the following instances must be considered: If he perpetrates the crime with another; If he assists or participates in a criminal act which is consist of several acts and he intentionally commits one; If he aids another person to commit such act and the latter is not responsible for this act for any reason. In addition to this, an accomplice will be considered as an accomplice by causation in following instances as highlighted under Article 45 of the Penal Law: If he instigates the perpetrator to commit a criminal act; If he conspires with a group of people to commit an act and which occurred as a result of a conspiracy; If he provides a weapon or a tool to the wrongdoer or facilitates the perpetrator in any other way to commit such offence. A difference can be witnessed between a direct accomplice and an accomplice by causation in the Penal Law. Article 46 of the law, penalizes the accomplice by causation who was present at the site if the crime with an intention shall be considered as a perpetrator itself. However, not every accomplice will be punished, if he proves the lack of criminal intent in the commission of such crime (Article 48). The law penalizes the accomplice either direct or by causation, in accordance with the criminal intention and knowledge of such crime (Article 52). Defence of the Accomplice The law in one part holds the accomplice liable for his intention in the commission of such offence and on other part allow him to take his defence on happening of certain event which are described under Chapter 4 of the Penal Law. The foregoing chapter concerns the causes of legitimacy, wherein any individual who is charged under the act of an accomplice can claim defence under the right of legitimacy in performing his duties or under self-defence. Article 53 of the Law states that an act will not be considered as criminal if the act was performed within the limits and the instances are as follows: Chastisement by a husband or by parents within the limits of Shariah; Performance of medical surgery or medical attendance in accordance with the license provided to the medical surgeon; Violence in a sports game according to the rules of the game; Accusations exchanged between the litigating parties or their legal representatives; A public employee is obliging the orders of the superior employee. Article 56 of the Penal Law, provides for the right of self-defence and any act committed while exercising the right of self-defence will not be considered as a crime. The law further provides for various instances under which the act will be viewed as a right for self-defence such as in the case where the defender face imminent danger to himself or his property, defender has no recourse to reach out to public authorities, defender does not have any other means to avoid such act, and the act was necessary to avoid the danger. A fine line of Difference There is a clear difference between a conspiracy and an accomplice. A conspiracy occurs when two or more people make a plan to commit an offence and a co-conspirator assist in committing a crime, whereas the accomplice assists the perpetrator in committing an act but does not directly commit himself. An accomplice is only liable when the act is committed, whereas the conspirators can even be found guilty to conspire even if the act is not committed. In Conclusion Any individual is having a criminal intent to commit an offence and assist another by various means either directly or by causation, will be liable for punishment under the criminal as long as his abetment was the probable cause of happening of such criminal act. https://www.professionallawyer.me/legal-articles/criminal-law/abetting-in-crimehttps://www.professionallawyer.me/legal-articles/criminal-law/abetting-in-crime
Drinking alcohol in UAE: How to avoid jail time?
Ignorantia Juris non-excusat is a well-known legal term connoting ignorance of law excuses no one which is affirmed worldwide. Foreign expatriates residing or visiting UAE must always be aware of the rules and regulations of the country in order to avoid detention. UAE is a mixed bag of traditional and modern culture which attracts numerous tourist around the world every year. UAE's nightlife is a dream for tourists but doesn't let it become a nightmare. Consequently, Criminal Lawyers of Dubai will guide you through this article several ways through which you can avoid an unpleasant stay in this beautiful country. Avoid Drinking Publicly UAE Criminal Law, Federal Law Number 3 of 1987 under Article 313 prohibits the consumption of alcohol in public place; the law reads as follows: "Shall be sentenced to detention for a term not exceeding one month or to a fine not excess of two thousand dirhams, whoever: States openly in a public place that he consumes food or drinks or any other thing that breaks fast during Ramadan period. Compels, instigates or assists in making such openly statement the public place used for this purpose may be ordered to close down for a period not exceeding one month." However, there are several restaurants and bars where an individual is allowed to drink. Also, there are places where one can buy liquor with a valid license. Thus, it is pertinent to possess a valid liquor license in the country as that way you can purchase liquor and if found drunk can avoid detention. Say NO to Drink and Drive Federal Law Number 21 of 1995 regarding Traffic prohibits and penalizes any driver driving under the influence of alcohol, or narcotic drugs which is reflected from Article 10 of the said law reads as follows: "The driver of any vehicle shall refrain himself from driving if under the influence of wine, liquor or any other narcotic substances." The punishment under this law is separate from the punishment one may face under the Criminal Law for possessing liquor or narcotic drugs. The offender may attract imprisonment as well as fine for violation of this law. The fine may vary from AED 5,000 to AED 20,000 with a maximum imprisonment of 6 months. Don't get lured on Duty-Free Tourist may only carry or purchase 4 litres of alcohol from Dubai Duty-Free, and the purchaser must be above the age of 18 years. Do't Drink and Work Consuming liquor at the workplace is prohibited under UAE law and allows the employer to terminate you without prior notice in accordance with Article 12 of Federal Law Number 8 of 1980. Liquor License Alcohol rules in the Emirate of Dubai and Abu Dhabi are still reposed as compared to other Emirates by allowing alcohol in nightclubs and restaurants. It is pertinent to hold a license issued by the Ministry of Interior for buying and drinking alcohol in the country. License for liquor is only issued for non-Muslims having residency in UAE. UAE Laws imposes severe penalties for Muslims who are found inebriated state. A Non-Muslim resident can apply for a Liquor license if he or she is above the age of 21 years with a valid residency visa along with the employment contract. https://www.professionallawyer.me/legal-articles/criminal-law/drinking-alcohol-in-uae
Good Bye to Entangling Investigations, Minor Crimes to be Disposed within One Day in the UAE.
Criminal Order is a new procedural system established by the amendment to the UAE Criminal Procedure Law, which envisages efficient and seamless transition of workflow with the goal to lessen the judicial workload. The system empowers prosecutors, subject to the limits provided in the law, to find the accused guilty of specific misdemeanours and issue a decision of penalty against the convict without referring the matter to the court. The prosecutor is empowered to issue such penal orders in the absence of the accused. Further, the law provides measures for the convict to submit his objections against such penal orders. This new system serves the interest of the accused, as the prosecutor is enabled to dispose minor crimes without detaining his passport as security pending investigation. Misdemeanor In its article 139 the new law indicates the rights of Ministry of Justice to organize the Misdemeanour Department of the Criminal Court to decide in misdemeanour cases within a day. The law provides the Ministry of Justice with the right to organize its procedures and notification process. This Federal law established new criminal procedure system in the name of a criminal order, which is the order issued by a prosecutor in minor cases. Such criminal order can be issued in absence of the accused and without investigating with him the committed crime. The accused shall be given the right to object such order in an applicable period. The law empowers the Attorney General to specify the types of minor crimes which could be subject to the criminal order. Coincidently, the law excluded certain types of cases which can never be a subject to the criminal order rule. One of the most important types of crimes that can never become a subject to the criminal order are any crimes having mandatory deportation sentence as a consequence, or any types of honour or sexual crimes. Prior to issuing the criminal order, the accused has to be served with a notice. However, if he did not attend a hearing, the decision shall be issued in absentia. Upon the order issuance the accused will be given another notice to be replied within following 7 days from the date of the decision (if in the presence of the accused) or from the date of notifying the accused of the decision (if it was issued in absentia). If the criminal order was issued against more than one accused in the same case, and if one of them objected the order while others had not, the benefit of such objection will not be extended to other accused, as long as they did not object the order. The new law indicates that the criminal order could be considered as final, in case the accused declared with due advance that he is not planning to object such order before it was issued. It also indicates that the order could be final if the accused accepted to pay the fine or he did not object the same within the given 7 day-period. Civil claims in criminal cases The important questions now arise in our minds: "What will be the position of a victim who filed civil claim in the criminal proceeding?"; "What will be the impact of the criminal order for this victim?". The answer is revealed in the article 341 of the amended law, which states that issuing the criminal order by the Prosecution does not restrict the victim from processing a civil case in the Civil Courts. The law empowers the Attorney General to amend the criminal order issued by the Prosecution within 30 days following the order. For example, the Attorney General may replace the criminal order by communitive service sentence providing that the expected sentence was not more than 6 months of jail or fine. If the Attorney General decided to replace the criminal order sentence with the communitive service, such replacement shall be final only if it has been executed or it has not been objected within the period for raising the appeal, which is stipulated as 7 days. Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided. Originally published at https://www.professionallawyer.me/legal-articles/criminal-law/minor-crimes-to-be-disposed-within-a-day
Law Essay Tips: 5 Tips on Writing an Effective Essay
So, it is that time of the year when you have to submit back to back law essays while maintaining the content quality throughout the document. As daunting as it may sound, you cannot just skip the submissions and have to meet the deadlines to get good grades. However, to lessen your burden, you can avail online Law essay writing service similar to law essays to help the UK on the internet. Besides, if you are determined to complete the task yourself, you might need some guidance to compose a well-crafted paper. For this, we have covered the top 5 tips and tricks to help you on the go. 1. Brainstorming It is a no-brainer that creating an effective piece of writing that requires planning and a complete understanding of the essay prompt. You must know all the basic rules of composition and prepare your mind accordingly. Skipping this step often ends up in a vague and poorly structured document. So, next time you sit down to put your thoughts into words, make sure you are certain about your ideas. You can also polish your writing skills by composing a small write-up to give yourself a head start. 2. Picking a Topic With multiple topic options at hand, you should go for the one you have interest in. Usually, students are more into topic relating to crimes and international law which makes it easier for them to write about it. Similarly, if you have a particular preference, work by it. Even if the choice is unpopular among the law students, stick to it. Your originality and uniqueness are what’s going to impress your professor. 3. Creating an Outline A Law essay is not something you can write about without thinking about what content to include in each of the sections. Here, creating an outline allows you to give a structure that you can follow throughout the document. If you are writing a short essay, make sure it has three parts, an introduction, body paragraph, and conclusion. In case it is a long essay, there must be at least three main ideas i.e. body paragraphs and rest remains the same. Follow this standard structure of writing below to come up with an organized essay. Sample Outline · First Paragraph – Introduction - Starting sentence - Thesis statement · Second Paragraph – Main Body - Information on the topic - Relevant statistics - Researches - Any other data related to the topic · Third Paragraph – Conclusion - Restating thesis statement - Supporting arguments - Call to action (if required) 4. Writing an Essay Now that you have the topic in mind and the structure defined, the next step to begin writing. It is done in four separate steps. Creating a Thesis Statement A thesis statement defines the matter around which your essay revolves. It can either be a phrase or a sentence that fits your writing style and requirements. However, it must sync with your introductory paragraph as it is included in the first section of the essay. This statement might take some of your time to craft, but it will be worth it in the end. Composing the Introduction You should make sure that the first paragraph of your essay is captivating enough to get the reader curious to read more. You can begin with a noble quote, fact, revelation or use a storyline to convey your main argument to the audience. Remember to choose the approach that goes perfectly with your thesis statement. Writing the Body Paragraph In this section, you need to explain the purpose of your writing, describe the main problem, and support your statements. It is structured in a way that the main idea comes after an introductory sentence, followed by supporting arguments and relevant authentic information. If you have divided the body paragraph into three sections, each one of them follows the same approach. Just ensure that you do not cite fake researches, and all the quotes citations are in one format. Concluding the Essay Many writers prefer to write the conclusion before the introduction so that they always have the end goal in mind. Considering you are writing a Law essay, you can include relevant laws, rules, and principles about the issue that is being addressed in the document. Furthermore, this is where you need to sum up your topic and give your opinion on the matter. So, make sure the conclusion clearly states your stance with the thesis statement restated in the paragraph. 5. Proofreading and Editing Before you consider the essay to be finished, do a review, and edit your written content. At times, some mistakes go unnoticed and might become a reason for poor grades. Remember, that law essays take time to compose as you have to include authentic information with correct references. If you think you cannot do this on your own, reach out to your professors or friends to help you. Otherwise, we are always here for you. Ping us today and submit your queries and get an expert to guide you in no time. Good Luck!
DUE DILIGENCE: Importance In Acquisition
We can list numerous corporations who rushed into professional marriages without performing legal due diligence or reviewing the corporate structure and relevant documents of the company. An acquisition transaction is one of the most appropriate decisions taken by a company which frames the future of any organization. Thus, careful due diligence into the financial reports of the target company holds utmost importance. Legal due diligence of a corporate entity is often a lengthy and a cumbersome task, which can significantly impact the timeline of the project. In any merger or acquisition, parties are usually concerned about the time frame and desire to finish the transaction at the earliest. The Corporate Lawyers of UAE will highlight certain important aspects of due diligence in any merger or acquisition transaction under UAE laws. Epitome of Due-Diligence In any Merger or Acquisition transaction, it is advised to evaluate the strengths and weaknesses of the project as well as the target company and its sister companies prior to finalising the deal. The objective of the concerned exercise to obtain all relevant and up-to-date information of the target entity and to understand the significant shortcomings of the company which were earlier not apparent. It can further assist in understanding the financial or legal consequences that might hinder the future growth of the company or can impact the return on investment. Legal due diligence mostly conducted by Corporate Lawyers of Dubai will comprise of financial and legal review of the targeted company. Wherein, the financial analysis is usually performed by financial experts, and qualified Corporate Lawyers undertake the legal review. In any legal due diligence, lawyers tend to review structure of the company, corporate documents, trade licenses, management structure, power of attorneys, corporate agreements, financial liabilities, employment contracts, outstanding debts, internal policies, insurance agreements or policies, movable and immovable assets, mortgages, loans, corporate and commercial litigation and list goes on. As mentioned above, the ultimate objective of this exercise to prevent the acquiring company from any future casualties post taking over the target company. The scope of due diligence exercise vary in each transaction, and it will rarely be general and covers all aspects of the company related to the sale. It is less likely that the due diligence review will be limited in scope as it involves review of all significant issues pertaining to the company which might impact the merger or acquisition transaction. It further depends upon the organization structure and the business of the target company that can either be retail, construction, telecommunication or any other activity. In each of the companies, the lawyers have to review the business structure, assets in order to determine the shortcomings of the company and how to improvise such deficiencies. There is a direct nexus between the size of the company and the extent of due diligence review as for a small acquisition transaction does not require extensive due diligence review. However, in a significant acquisition transaction, a thorough investigation of documents is required for in-depth knowledge of target-company. For instance, in an acquisition transaction between companies providing professional services, the due diligence review will entail reviewing the competence of employees and their contract, determining the licenses obtained by the company, goodwill in the market, intellectual property registration, contracts entered by the company. Whereas, if the target company is sale oriented then it is likely to review the goods purchased and sold, outstanding debt in the market, movable and immovable assets of the company, machinery, factories, additional permits and licenses. The Procedure The target company in an acquisition transaction is obliged to provide every relevant document of the company which can affect the acquisition transaction or which is necessary for acquiring the company to review before finalising the deal. The seller will create a data room either online or physical through which they can offer all the relevant documents to the company or their legal representatives. It is essential for the target company to provide all documents otherwise the process and timeline will unduly increase delaying the transaction unnecessarily. Timeline for Review The schedule for finishing any due-diligence review is directly correlated to the size of the transaction and the number of documents made accessible for the survey. The seller will either required to provide copies of all documentation or create an information room and give adequate access to it to the legal advisors, bookkeepers and different experts surveying the literature for the buyer. The seller ought to likewise provide answers to inquiries raised by the buyer's consultants amid the survey that emerges out of the documents submitted. In such circumstances, the process can be completed within a standard time frame. The course of events will undoubtedly be expanded where a seller isn't adequately helpful and is hesitant to give materials, and data asked for or neglects to do as such quickly. For giant acquisition transaction, parties split up the review into several stages where each stage entails an analysis of specific documentation. Accordingly, the parties can fix a timeline for each step and all the stages can be either co-dependent on each other and can be separated at the same time. Advantages Legal due diligence offers an opportunity to the party to determine the assets, liabilities, market standing, internal structure, management of the target company before finalizing the deal in order to understand the future legal and financial repercussions. It is most beneficial for the purchasing company to determine the current status of the target company and the amount of further investment required in the company. On the basis of the due diligence report, the buyer will be able to analyze the transaction completely and will be able to understand the advantages and disadvantages of acquiring the company. It also opens an opportunity for the buyer to check whether the price offered for the acquisition is up to the standards of the company or will there be a room for negotiations. It further allows the seller to provide an opportunity for the buyer to remedy if there is any deficiency prior to the transaction. It is always prudent to conduct the due diligence review before the transaction to have complete information prior to signing the deal. Concluding Remarks Legal Due diligence in an acquisition transaction is a pivotal step which evaluates the risks involved in the transaction by reviewing the relevant corporate documents of the target company. The exercise will aim to inform the buyer about the true features of the company targeted which subsequently guarantees that necessary precautions are taken while arranging and finalizing the acquisition transaction. As of late, there has been a pattern increasingly more towards gatherings acquiring guarantee insurance to alleviate the dangers related to M&A transactions. Subject to specific prohibitions, this protection will safeguard the parties against costs related to defaults in the due diligence procedure by either party failing to provide relevant documentation. Nevertheless, due diligence review is of the most important part of an acquisition transaction, if carefully undertaken by best Corporate Lawyers in UAE. https://www.professionallawyer.me/legal-articles/banking-law/due-diligence-importance-in-acquisition
Criminal Lawyers in Dubai: Misconducts Surrounding Rape Offense
The terror of physical assault not just hinders with the freedom of women, it likewise misrepresents and increase their dependency on men. The law is pertaining to persuasive assault and the manner in which it is conducted impacts the society and is generally regulated by the relationship between man and woman in our culture or any other given society. It is quite obvious that the lawmakers of the legal system in all jurisdictions, though impose strict punishments for offenders, yet failed to protect the rights of women and failed to eradicate such social stigma from our society. It is not uncommon and unreasonable to say that rape laws in any country are mostly dependent upon the tradition and culture of that society. Each country, though considers it as an offence, yet imposes different punishments to the offenders, considering their traditional values and culture. The present article revolves around the criminal action taken against the accused who had committed an offence of rape and the procedure under which any aggrieved victim can file a complaint before the relevant authority. UAE Legislature Rape and debasement are covered under chapter five regarding crimes perpetrated against honour under Federal Law Number 3 of 1987, UAE Criminal Penal Code. In accordance with this Law, the court shall impose the death penalty on those who coerce a female for sexual intercourse or conducts sodomy with a male. Subsequently, any attempt to perform such acts shall invite life imprisonment. Despite the foregoing penalties, UAE strictly forbids consensual sexual intercourse within the country, and any violation of this provision will invite imprisonment of 1 year along with deportation. However, consensual intercourse with a minor shall invite term imprisonment. In this regards, any victim of rape shall have enough proof that sexual intercourse was not consensual and was forced upon. It would not be justified to say that it is comparatively difficult to prove the act, as it has been committed behind four walls. Yet, courts in the UAE focus on evidence to prove the guilt of the accused beyond any reasonable doubt. Under the facade of a modern and advanced standard of living among other Gulf nations, UAE faces an abrupt ending due to conventional rules and regulations applied on women, especially in the area crimes against honour. Credence in any legal system is what makes us believe in the true power of an authority to penalize a criminal act. Yet, we have encountered numerous cases, where victims are unwilling to file a complaint against the accused due to legal repercussions and the fear of being deported from the country. We believe an amendment in UAE laws in order to enhance the security of women's rights and their interest is the need of the hour, which will result in enhancing UAE's position on an international perspective.