08 - Recent issues
What (if any) recent issues have arisen in relation to privilege in the jurisdiction?

In 2022, Federal Law No. 23 of 1991 regulating the legal profession was repealed and replaced by Decree-Law No. 34 of 2022 on the regulation of the Advocacy and Legal Consultancy Professions. However, there have been no amendments to Ministerial Decision No. 666 of 2015 on the Rules of Professional Conduct and Ethics of the Legal Profession in the UAE.

The Implementing Regulation of the Legal Profession was issued in 2017 (Ministerial Decision No. 972/2017) and amended in 2019. However, it does not contain any provisions pertaining to legal privilege.

The Dubai International Financial Centre (DIFC) Code of Conduct of Legal Practitioners in the DIFC courts has not been amended post 2019.

On 22 October 2024, the Dubai Court of Cassation, in Case No. 486/2024, recognized the principle of without prejudice privilege, a cornerstone of common law dispute resolution, marking a fundamental departure from the traditional approach and toward international norms. Despite this development, UAE onshore courts do not adhere to a system of binding judicial precedent, and therefore would not be bound by this decision. Notwithstanding this, this judgment could be used by parties in the future to persuade the UAE courts that settlement negotiations should not be treated as admissions.