Judicare Group lawyers in the United Arab Emirates have won a landmark ruling on a succession of 35 cases against a UAE based developer, who failed to construct a residential property project despite receiving advanced deposits estimated to be in the region of £50m.

Following legal action, the Arbitration Courts of Ras al Khaimah (UAE) ordered the cancellation of the SPAs (Sales and Purchase Agreements), a refund of all monies paid under those agreements to the developer plus interest, compensatory amounts and all legal fees to be paid by the claimants.

In his defence, the developer had claimed that the Government’s failure to supply electricity at the site was a Force Majeure position, which prevented the construction process and justified non-delivery of the properties to the buyers. Judicare argued that this did not provide a legally reliable defence and should be dismissed.

“Clearly this is good news for our clients and is a warning to developers in the UAE who attempt to frustrate purchasers seeking reimbursement of invested monies for non-delivery of property, especially if they rely on an inaccurate Force Majeure argument,” says Neil Heaney, CEO of Judicare Group.