Civil Law and UAE: Narrative Formation in Civil Litigation

1. Introduction

Narrative formation in civil litigation means the process by which the parties present the facts of a dispute as a coherent legal story: what happened, who did what, when it happened, why it was legally significant, what loss resulted, and what remedy is sought.

A civil case is therefore not decided merely by telling the most persuasive story. The narrative must be converted into:

Material facts → Legal issues → Evidence → Applicable law → Causation → Liability → Remedy.

In the UAE, this subject needs to be divided between mainland UAE civil litigation and the specialist DIFC/ADGM courts. DIFC and ADGM use procedural frameworks influenced by common-law practice, whereas mainland UAE courts operate within the UAE's civil-law procedural and evidentiary framework. ADGM expressly applies English common law and has its own procedural rules.

2. Meaning of Narrative Formation

Narrative formation is the structured presentation of disputed events so that the court can determine the legal consequences arising from them.

For example:

A contractor promised to complete a building by a specified date → construction was delayed → the owner alleges defective work and delay → the contractor says the delay resulted from variations and force majeure → documents and expert evidence are produced → the court determines responsibility and damages.

The narrative is not simply the claimant's version of events. The court ultimately constructs the legally relevant account from:

• pleadings;
• admissions and denials;
• contracts;
• correspondence;
• witness evidence;
• expert evidence;
• electronic records;
• surrounding circumstances;
• applicable legislation; and
• judicial findings.

Thus:

Litigation narrative ≠ advocacy alone.

It is a framework through which factual allegations are tested against evidence and legal rules.

3. Narrative Formation Under UAE Civil-Law Thinking

Under the UAE civil-law tradition, the court is concerned with identifying the legally relevant facts and applying the applicable legal rules.

The current UAE Civil Transactions Law is Federal Decree by Law No. 25 of 2025, which replaced the former Federal Law No. 5 of 1985 with effect from 1 June 2026. This makes it important to distinguish current law from older authorities decided under the 1985 Civil Transactions Law.

The narrative must therefore be connected to the applicable statutory framework rather than treated as an independent source of law.

A useful structure is:

Facts → Legal characterization → Rule → Evidence → Application → Result

For example:

Facts: Buyer paid the purchase price.
↓
Legal characterization: contractual performance.
↓
Rule: contractual obligations must be performed according to their legal terms and applicable good-faith principles.
↓
Evidence: agreement, payment records, correspondence.
↓
Application: seller failed to perform.
↓
Result: possible performance, termination, restitution or damages depending on the applicable law.

4. Material Facts Versus Narrative Details

One of the most important principles is the difference between material facts and unnecessary storytelling.

A material fact is a fact that must be established to prove a cause of action, defence, jurisdictional issue, or remedy.

For example, in a contractual non-payment dispute:

Material facts

• existence of contract;
• identity of parties;
• contractual obligation;
• performance by claimant;
• payment due;
• failure to pay;
• amount outstanding;
• relevant contractual provisions.

Less important narrative material

• lengthy descriptions of the parties' relationship;
• irrelevant commercial history;
• emotional language;
• repeated accusations;
• facts having no connection with an element of the claim.

The modern approach is therefore to create a focused factual narrative.

5. Pleadings as the First Narrative

Pleadings normally provide the first formal version of the litigation narrative.

A proper pleading should tell the court:

1. Who the parties are.
2. What legal relationship exists.
3. What happened.
4. Which acts or omissions are complained of.
5. What legal right was affected.
6. What loss resulted.
7. What remedy is requested.

DIFC jurisprudence provides particularly clear illustrations of this principle.

In Deyaar Development P.J.S.C. v Taaleem P.J.S.C. & National Bonds Corporation P.J.S.C. [2015] DIFC CA 010, the DIFC Court of Appeal emphasized that pleadings remain the starting point because they define the parameters of the case, identify the issues and inform the parties what evidence and preparation are required.

Therefore:

A party should not ordinarily construct a completely different factual case at trial from the case presented in its pleadings.

6. Narrative Is Not a Substitute for Evidence

A persuasive narrative cannot establish facts by itself.

DIFC Part 29 expressly deals with how evidence is given and facts are proved; witness statements can constitute evidence, and statements of case may also be used as evidence when properly verified.

Consequently:

Allegation ≠ proof.

For example:

"The defendant deliberately caused the delay."

This is an allegation.

The supporting evidentiary narrative might consist of:

• project correspondence;
• meeting minutes;
• construction schedules;
• expert reports;
• variation orders;
• inspection records;
• payment certificates.

The court then decides what facts have actually been established.

7. Narrative Formation and Chronology

Chronology is particularly important in civil litigation.

A chronological narrative allows the court to understand:

Event A → Event B → Event C → Event D → Damage.

For example:

Chronology is particularly useful in:

• construction disputes;
• insurance claims;
• fraud cases;
• banking disputes;
• employment claims;
• shareholder disputes;
• professional negligence;
• property disputes.

DIFC procedural practice expressly recognizes the usefulness of chronologies. Its rules state that an agreed chronology can provide a continuing point of reference throughout litigation.

8. Competing Narratives

Civil litigation usually contains at least two narratives.

Claimant's narrative

"The defendant breached the agreement and caused my loss."

Defendant's narrative

"There was no breach; alternatively, the claimant caused or contributed to the loss."

The court does not simply choose whichever narrative sounds more convincing.

It tests:

1. Which facts are admitted?
2. Which facts are disputed?
3. Which facts are supported by documents?
4. Which witness evidence is reliable?
5. What do experts establish?
6. What does the contract provide?
7. What does applicable legislation provide?
8. Has causation been established?
9. Has loss been proved?

Thus litigation is a process of narrative verification and legal characterization.

9. Narrative and the Issues for Determination

A good litigation narrative ultimately produces a clear list of issues.

For example:

Issue 1

Was there a valid contract?

Issue 2

What were its contractual obligations?

Issue 3

Did the defendant breach those obligations?

Issue 4

Did the breach cause the claimant's loss?

Issue 5

Did the claimant contribute to the loss?

Issue 6

What damages or other remedy is legally available?

This converts a long factual story into questions that the court can decide.

ADGM procedural practice similarly emphasizes identifying the significant issues in a case during case management.

10. Narrative and Legal Characterisation

The same event may receive different legal characterizations.

For example:

A company representative signed a document.

Possible legal questions include:

• Was the person an agent?
• Did the person possess authority?
• Was the company bound?
• Was the signature electronic?
• Was the document contractual?
• Was there fraud or mistake?
• Was the document merely preliminary?

Therefore, the court does not merely ask "what happened?"

It also asks:

"What is the legal meaning of what happened?"

This distinction is crucial in civil litigation.

11. Narrative and Contractual Interpretation

Narrative formation becomes especially important in contract disputes because parties often rely upon different accounts of the commercial relationship.

In Youssef Issa Ward v DAMAC Park Towers Company Limited [2014] DIFC CFI 001, the DIFC Court considered contractual interpretation through the parties' intention, statements and conduct, together with relevant circumstances such as negotiations, subsequent conduct, the nature and purpose of the contract and trade usage.

Similarly, in DIFC Investments LLC v Mohammed Akbar Mohammed Zia [2017] DIFC CA 005, the Court explained the importance of considering the contractual language, parties' conduct, circumstances, commercial purpose and the contract as a whole.

Thus, narrative may help establish the commercial context, but it cannot simply override clear contractual wording.

12. Narrative and Objective Interpretation

Where parties tell different stories about their intentions, the court may need to use an objective approach.

In DAMAC Park Towers Company Limited v Youssef Issa Ward [2015] DIFC CA 006, the DIFC Court of Appeal explained that where common intention cannot be established, interpretation proceeds according to the meaning that reasonable persons of the relevant kind would give the agreement in the circumstances.

This demonstrates an important distinction:

A party's personal narrative is not necessarily the legal meaning of the transaction.

The court examines the objective legal and commercial context.

13. Narrative and Evidence Must Correspond

A sophisticated litigation narrative should have an evidence map.

This prevents a common litigation problem:

A detailed narrative containing assertions for which no admissible or reliable evidence exists.

14. Narrative and Pleading of Material Facts

The DIFC courts have repeatedly emphasized the importance of pleading material facts.

In Kaamil v Kaawa & Others [2021] DIFC CFI 032, the Court discussed the requirement that material facts be properly pleaded so that opposing parties can respond and the issues can be defined.

The principle is:

Plead the facts that constitute the legal claim; do not replace them with conclusions.

For example:

Weak pleading

"The defendant acted fraudulently."

Stronger factual pleading

"On [date], the defendant represented that the property was free from the stated encumbrance; the defendant had received the relevant notice before making that representation; the claimant relied upon the representation and paid the purchase price."

The second version gives the court and opponent factual building blocks from which the legal conclusion can be examined.

15. Pleading Facts Is Different From Pleading Evidence

A particularly useful modern principle appears in Keshav Global Trading LLC & Keshav Global Private Limited v ETG Commodities Holdings Limited [2024] DIFC CFI 069.

The Court distinguished between:

• pleading material facts, and
• pleading the evidence that will establish those facts.

The purpose of pleadings is to set out the material facts constituting the causes of action; parties should not normally overload pleadings with evidence.

Therefore:

Plead the fact → prove the fact through evidence.

16. Narrative Formation and Case Management

Modern litigation does not treat pleadings as the only source of the litigation narrative.

In Mr Shiraz Mahmood v Standard Chartered Bank DIFC [2021] DIFC CFI 044, the Court explained that, in modern case management, the adequacy of the case must be considered together with witness statements, expert reports, documentary evidence and other materials exchanged before trial.

This is important because litigation narrative develops over time:

Stage 1

Claim form/statement of case.

Stage 2

Defence.

Stage 3

Reply/counterclaim.

Stage 4

Disclosure/document production.

Stage 5

Witness statements.

Stage 6

Expert evidence.

Stage 7

Skeleton arguments.

Stage 8

Trial submissions.

Stage 9

Judgment.

The narrative becomes increasingly refined as evidence is tested.

17. Narrative and Skeleton Arguments

A skeleton argument is not supposed to become a second lengthy pleading.

DIFC rules describe skeleton arguments as documents identifying the points in issue, relevant legal propositions and factual submissions with references to evidence.

Thus a strong skeleton follows:

Issue → Rule → Evidence → Application → Conclusion sought.

In Taaleem PJSC v National Bonds Corporation PJSC & Deyaar Development PJSC [2010] DIFC CFI 014, the Court stressed the importance of keeping skeleton arguments, pleadings and witness statements manageable and concentrating upon the essential issues.

18. Narrative and Witness Credibility

Witnesses frequently provide another layer of the litigation narrative.

Suppose:

• Witness A says payment was made on Monday.
• Witness B says payment was made on Wednesday.
• Bank records show the transaction occurred Tuesday.

The court does not simply choose a witness's story.

It may compare:

• documentary evidence;
• consistency;
• contemporaneous correspondence;
• inherent probabilities;
• other witness testimony;
• surrounding circumstances.

Therefore:

Contemporaneous evidence can materially reshape the narrative presented by witnesses.

19. Narrative and Without-Notice Applications

Narrative discipline becomes especially important when a party approaches the court without the other side being present.

In Trafigura Pte Ltd & Trafigura India Pvt Ltd v Prateek Gupta & Ginni Gupta [2025] DIFC CFI 040, the DIFC Court emphasized the applicant's duty in a without-notice injunction application to make full and accurate disclosure of material facts and to present the case fairly, including matters that the absent party would reasonably wish the court to know.

This means a party cannot ethically construct a one-sided narrative by suppressing material facts simply because those facts weaken its application.

20. Narrative and Professional Ethics

Narrative formation also has professional responsibility implications.

The DIFC mandatory code of conduct provides that a practitioner must not contrive facts or put factual allegations into pleadings or witness statements without appropriate instructions or reasonably credible supporting material.

Therefore:

Advocacy permits persuasion, but not fabrication.

This distinction is fundamental to civil justice.

21. Narrative Formation in Mainland UAE Courts

For mainland UAE courts, the analysis should not simply import DIFC common-law pleading principles.

Mainland proceedings operate under the UAE's federal procedural and evidentiary legislation and the relevant local court rules.

The narrative should therefore be structured around:

• legally relevant facts;
• applicable statutory provisions;
• documentary evidence;
• admissions;
• expert evidence where necessary;
• witness evidence;
• causation;
• damage;
• applicable procedural requirements.

The UAE civil-law system gives the court a stronger statutory framework for identifying and applying legal rules than the common-law model used in DIFC/ADGM.

Accordingly, DIFC decisions are useful for comparative study of narrative, pleading and case-management methodology, but they should not automatically be cited as binding interpretations of mainland UAE civil law.

22. Narrative Formation in DIFC

DIFC provides a particularly developed model of litigation narrative.

The process generally involves:

Statement of Case
↓
Defence
↓
Case Management
↓
Disclosure
↓
Witness Statements
↓
Expert Evidence
↓
Chronology / Issues
↓
Skeleton Arguments
↓
Trial
↓
Judgment

The court therefore receives progressively tested versions of the parties' factual accounts.

23. Narrative Formation in ADGM

ADGM is different again.

ADGM expressly states that its legal framework directly applies English common law, with its court rules and procedures adapted for ADGM.

Its Court Procedure Rules contain detailed provisions concerning case management, directions and procedural stages.

ADGM's civil/commercial procedure also emphasizes identification of significant issues and case management before trial.

Thus, for comparative UAE study:

24. Six Important Case Laws

1. Deyaar Development P.J.S.C. v Taaleem P.J.S.C. & National Bonds Corporation P.J.S.C. [2015] DIFC CA 010

Principle: Pleadings define the parameters of the dispute and identify the issues that the parties must meet.

Importance: A litigation narrative should normally begin with the pleaded case rather than being invented for the first time at trial.

2. Mr Shiraz Mahmood v Standard Chartered Bank DIFC [2021] DIFC CFI 044

Principle: In modern case management, adequacy of a pleading may be assessed together with witness statements, expert reports and documentary evidence exchanged before trial.

Importance: The modern litigation narrative is broader than the pleading alone.

3. Kaamil v Kaawa & Others [2021] DIFC CFI 032

Principle: Material facts should be sufficiently pleaded so that the opposing party can respond and the court can define the issues.

Importance: Narrative must contain legally material facts rather than vague accusations.

4. Keshav Global Trading LLC & Keshav Global Private Limited v ETG Commodities Holdings Limited [2024] DIFC CFI 069

Principle: There is an important distinction between pleading facts and pleading evidence.

Importance: A pleading should establish the factual foundation of the claim without becoming an unnecessary evidentiary dossier.

5. DAMAC Park Towers Company Limited v Youssef Issa Ward [2015] DIFC CA 006

Principle: Where common contractual intention cannot be established, contractual interpretation takes an objective approach, considering the circumstances and commercial context.

Importance: A party's subjective litigation narrative does not automatically determine the legal meaning of its contract.

6. Trafigura Pte Ltd & Trafigura India Pvt Ltd v Prateek Gupta & Ginni Gupta [2025] DIFC CFI 040

Principle: A party seeking without-notice relief must disclose material facts and present its case fairly rather than constructing a selectively one-sided narrative.

Importance: Narrative formation is subject to duties of candour and procedural fairness.

7. Youssef Issa Ward v DAMAC Park Towers Company Limited [2014] DIFC CFI 001

Principle: Contract interpretation may require consideration of statements, conduct, negotiations, subsequent conduct, commercial purpose and surrounding circumstances.

Importance: The factual narrative surrounding a transaction may be relevant to determining its legal meaning.

8. Taaleem PJSC v National Bonds Corporation PJSC & Deyaar Development PJSC [2010] DIFC CFI 014

Principle: Pleadings, witness statements and skeleton arguments should focus on the essential issues rather than overwhelming the court with unnecessary material.

Importance: Effective narrative is selective and structured, not merely lengthy.

25. Practical Model of Narrative Formation

A UAE civil litigation narrative can be organized as follows:

Step 1 — Identify the relationship

Contract, tort, property, company, employment, insurance, banking, etc.

Step 2 — Establish the chronology

What happened first, second and third?

Step 3 — Identify material facts

Which facts are legally necessary?

Step 4 — Identify disputed facts

What does the opponent deny?

Step 5 — Identify legal issues

What questions must the court decide?

Step 6 — Connect each fact to evidence

Which document, witness or expert establishes the fact?

Step 7 — Establish causation

How did the defendant's conduct produce the alleged damage?

Step 8 — Establish loss

What actual loss or legally compensable harm resulted?

Step 9 — Address the defence narrative

What alternative explanation does the defendant offer?

Step 10 — Apply the law

Connect established facts to statutory or applicable legal rules.

Step 11 — Request the appropriate remedy

Damages, performance, declaration, termination, restitution, injunction or another available remedy.

26. Example

Suppose a UAE company alleges that a contractor failed to complete a commercial project.

Claimant's narrative

The parties entered into a construction contract. The claimant paid the agreed amounts. The contractor failed to complete the project on time and allegedly performed defective work. The claimant issued notices. The contractor failed to remedy the defects. The claimant suffered additional costs and loss.

Defendant's narrative

The contractor argues that the delay was caused by variations requested by the claimant, delayed approvals and circumstances outside the contractor's control.

Court's analytical narrative

The court may therefore determine:

1. What contract was concluded?
2. What was the contractual completion date?
3. What variations occurred?
4. Who caused the relevant delays?
5. Were contractual notices properly given?
6. Were defects actually established?
7. What did expert evidence establish?
8. What loss was caused by each breach?
9. Did the claimant contribute to the loss?
10. What remedy follows?

This demonstrates that judicial narrative is constructed from competing factual accounts and tested evidence, rather than simply adopting either party's story.

27. Common Problems in Narrative Formation

1. Excessive storytelling

Long narratives can obscure the actual legal issues.

2. Legal conclusions without facts

Saying "fraud", "negligence" or "bad faith" without pleading supporting facts can be inadequate.

3. Facts without legal relevance

Not every fact is material.

4. Facts without evidence

An allegation remains unproved unless supported by admissible/reliable evidence.

5. Changing the case at trial

A party may face procedural difficulties if its trial case materially departs from its pleaded case.

6. Ignoring the opponent's narrative

A strong case must address the principal alternative explanation.

7. Confusing evidence with facts

The fact should be pleaded; the evidence establishes it.

8. Selective disclosure

Particularly in urgent or without-notice proceedings, material facts cannot simply be omitted to make the narrative more favourable.

28. Relationship Between Narrative, Evidence and Judgment

The complete civil litigation process can be represented as:

Event
↓
Party's interpretation of event
↓
Pleading
↓
Opponent's response
↓
Issues identified
↓
Evidence collected
↓
Evidence tested
↓
Facts judicially established
↓
Legal characterization
↓
Application of law
↓
Remedy

This is why narrative formation is a central part of civil litigation even though narrative itself is not law.

29. Key Legal Principles

The major principles can be summarized as follows:

1. Material facts must be identified.
2. Pleadings normally define the boundaries of the dispute.
3. Facts should be distinguished from evidence.
4. Evidence must support material factual allegations.
5. Chronology helps establish causation and responsibility.
6. Competing narratives must be tested objectively.
7. The court determines the legal significance of established facts.
8. Contractual narrative may assist interpretation but cannot automatically override the contract.
9. Modern case management integrates pleadings with evidence and other procedural materials.
10. Parties must comply with duties of procedural fairness and candour.
11. DIFC and ADGM principles should not automatically be treated as mainland UAE precedent.
12. The ultimate judicial narrative must be based on proved facts and applicable law, not merely persuasive rhetoric.

30. Exam-Oriented Revision Summary

Narrative formation in civil litigation is the process through which disputed events are organized into a legally relevant factual account.

Core components:

Facts + Chronology + Issues + Evidence + Law + Causation + Remedy

The principal purpose of narrative formation is to allow the court and opposing party to understand what case is actually being advanced and what must be proved.

Important authorities include:

• Deyaar v Taaleem [2015] DIFC CA 010 — pleadings define the parameters of the case.
• Shiraz Mahmood v Standard Chartered [2021] DIFC CFI 044 — modern case management considers pleadings together with evidence.
• Kaamil v Kaawa [2021] DIFC CFI 032 — material facts must be properly identified.
• Keshav Global v ETG [2024] DIFC CFI 069 — distinguish facts from evidence.
• DAMAC v Ward [2015] DIFC CA 006 — objective contractual interpretation.
• Trafigura v Gupta [2025] DIFC CFI 040 — full and fair disclosure of material facts in without-notice proceedings.
• Ward v DAMAC [2014] DIFC CFI 001 — surrounding circumstances and conduct may assist contractual interpretation.
• Taaleem v National Bonds/Deyaar [2010] DIFC CFI 014 — litigation documents should focus on essential issues.

One-line formula

A good civil litigation narrative is not merely a persuasive story; it is a structured account of material facts, supported by evidence, organized around legal issues, tested against competing explanations, and ultimately converted by the court into findings of fact and legal consequences.