Draft Litigation Complaint

Litigation Complaint / Statement of Claim

When to use this

Use this skill when a party is initiating court proceedings to assert a civil or commercial claim. The complaint / statement of claim is the pleading that starts the lawsuit: it identifies the parties, the court, the cause(s) of action, the material facts, and the relief sought.

This skill covers both:

• Common-law style complaints (DIFC Courts, ADGM Courts, English Courts, US Federal/State Courts)
• Civil-law style statements of claim (UAE federal courts, KSA courts, Lebanese courts, Egyptian courts, French courts)

Before drafting, confirm:

• The applicable statute of limitations has not expired
• The chosen court has subject-matter and personal jurisdiction
• The correct venue (local court) has been identified
• Court fees have been calculated and payment arranged

For arbitration commencement instead of court proceedings, use [[draft-notice-of-arbitration]].

Required inputs

Common-law style complaint (DIFC / ADGM / UK / US)

Structure

1. Caption

   • Court name and division
   • Case number (assigned on filing)
   • Plaintiff(s) vs Defendant(s)
   • Document title ("Claim Form and Particulars of Claim" / "Complaint")

2. Introduction / overview (1-2 paragraphs)

   • One-paragraph summary of the dispute
   • Stakes: amount in controversy and nature of relief
   • Strong opening framing (factual, not argument-forward)

3. Parties

   • For each party: full name, entity type, jurisdiction of formation, principal place of business / address
   • Basis for personal jurisdiction over each Defendant

4. Jurisdiction and venue

   • Subject-matter jurisdiction basis (commercial claim ≥ AED X; DIFC nexus; etc.)
   • Personal jurisdiction basis (contract performed in jurisdiction; defendant incorporated here; etc.)
   • Proper venue

5. Factual allegations (numbered paragraphs)

   • Chronological narrative
   • Each material fact in a separate numbered paragraph
   • Cross-reference exhibits by exhibit letter
   • Avoid argument; plead facts, not characterizations
   • Identify the relevant contract, clause, date, and breach precisely

6. Causes of action (separately pleaded counts)

   • Each cause of action is a separate count with its own heading
   • Each count: re-alleges prior factual allegations, identifies the legal basis, applies facts to elements, pleads that Defendant breached / is liable
   • In DIFC/ADGM: DIFC Contract Law, DIFC Law of Obligations — cite to specific provisions
   • In UK: cause of action at common law / equity; specific statute if applicable
   • Common commercial causes of action: breach of contract, fraudulent misrepresentation, negligence, unjust enrichment, conversion, breach of fiduciary duty

7. Damages

   • Quantify all ascertainable losses with supporting calculation
   • For unliquidated damages: plead "in an amount to be determined at trial, but not less than USD X"
   • Special damages (direct, specific losses): itemize
   • General damages (consequential losses): describe
   • Interest: claim pre-judgment interest (statutory or contractual rate)
   • Costs: include a claim for costs

8. Prayer for relief

   • Enumerate every remedy sought:
     • Judgment for damages in the principal amount of USD X
     • Pre-judgment interest
     • Post-judgment interest
     • Specific performance / injunction (where applicable)
     • Costs and legal fees
     • Such further relief as the Court deems just

9. Verification (where required by local rules)

   • Plaintiff's officer certifies accuracy of the pleading

Civil-law style statement of claim (LB / KSA / UAE onshore / FR / EG)

Structure

1. Court heading

   • "To the Honorable Presiding Judge of [Court Name]"
   • Chamber / division (commercial, civil)
   • Date of filing

2. Identification of Plaintiff (and counsel)

   • Full name, father's name, nationality, civil status, address
   • Law firm + counsel details
   • Registered agent (where required by court rules)

3. Identification of Defendant(s)

   • Full name(s) and address(es) for service

4. Statement of facts (narrative form)

   • Continuous chronological narrative (not numbered paragraphs — though some courts accept numbering)
   • Detail the relationship, the events, and the breach or harm
   • Cite relevant documentary evidence (attached as exhibits) throughout

5. Legal arguments (article-by-article)

   • In civil-law courts, the legal argument is part of the pleading, not reserved for trial
   • Cite: applicable statute, article number, court interpretation if established
   • Apply the article to the facts
   • Address each cause of action / legal basis separately
   • In Lebanese courts: cite Lebanese Code of Obligations and Contracts; Lebanese Code of Civil Procedure
   • In KSA courts: cite Saudi Royal Decrees, Saudi Labor Law, Commercial Court Law; note Sharia basis where applicable
   • In UAE federal courts: cite UAE Civil Code (Federal Law 5/1985), Commercial Transactions Law (Federal Law 18/1993), relevant specific laws; note Arabic citation conventions
   • In Egyptian courts: cite Egyptian Civil Code, Commercial Code

6. Claims (numbered relief sought)

   • Numbered list of precise reliefs sought
   • Include request for costs, attorney fees (if permitted by court rules), and interest

7. Annexed exhibits list

   • Each exhibit identified by number, description, and relevance

8. Signature block

   • Plaintiff / counsel signature, date, place

Critical procedural considerations

Statute of limitations

Verify before filing — missing the limitation period is fatal:

• UAE federal (commercial): generally 10 years (Civil Code Art. 473); some specific claims shorter (insurance: 3 years; checks: 6 months from dishonor)
• KSA: 5-year limitation for commercial claims under the Commercial Court Law; 1-year for some labor claims
• LB: 10 years for personal obligations (Code of Obligations Art. 340); shorter for specific categories (insurance, labor)
• DIFC: DIFC Law of Limitation — 6 years for contract; 6 years for tort (generally)
• UK: Limitation Act 1980 — 6 years for contract and tort; 12 years for deed
• FR: Code Civil Art. 2224 — 5 years from date knowledge of facts

Jurisdiction (MENA specifics)

• UAE federal courts: commercial courts in Abu Dhabi and Dubai for commercial disputes; civil courts for non-commercial; ADGM and DIFC have exclusive jurisdiction over matters with a DIFC/ADGM nexus
• KSA: Commercial Court Law 2021 — dedicated commercial courts for commercial disputes; Labor Courts for employment; Administrative Courts for disputes with government entities
• Lebanon: Court of First Instance (civil/commercial); specialized courts (rent, labor); Court of Appeal for enforcement of foreign judgments
• DIFC Courts: opt-in for non-DIFC-nexus parties possible under a 2011 protocol (UAE parties may voluntarily submit)

Service of process

• MENA civil-law courts: service by court bailiff (muhdar) is standard; personal service to defendant required in most cases; substituted service only if Defendant cannot be found after diligence
• International service: Hague Service Convention governs where both countries are members; diplomatic channels otherwise; UAE has bilateral service treaties with certain countries
• DIFC/ADGM: service in accordance with DIFC Courts Rules; may serve by email if contractually agreed

Arabic language requirements

• UAE federal courts: all pleadings must be in Arabic; certified Arabic translations of any foreign-language documents are required
• KSA courts: Arabic required; foreign-language documents require licensed translator
• LB: Arabic or French accepted in most cases; Arabic required before certain courts
• DIFC/ADGM: English proceedings; Arabic translation not required for court filings

Court fees

• UAE federal courts: typically 6% of the claim amount, capped at AED 40,000 per level; fees for interim relief additional
• DIFC Courts: graduated fee schedule based on claim value; DIFC Courts online fee calculator
• KSA Commercial Courts: court filing fee per schedule of fees under Commercial Court Law
• LB: modest court fees (legacy); additional lawyer registration fees
• Always verify current fee schedules — these change

Drafting tactics

• Lead with your strongest cause of action — courts (and their clerks) read the first count first
• Plead facts with specificity: date, who did what, what document was involved — vague pleadings invite motions to dismiss / exceptions de procédure
• Quantify damages early even if the final number is "to be assessed at trial, but no less than USD X" — it alerts the court to the scale of the dispute and affects court allocation
• Reserve the right to amend — "Plaintiff reserves the right to add parties, claims, or causes of action pending further investigation and discovery / disclosure"
• Attach key documents as exhibits and refer to them in the body of the complaint
• Do not volunteer weaknesses in the complaint; but do not misrepresent — bad faith pleading carries sanctions in most jurisdictions

Common mistakes

• Filing in the wrong court (wrong jurisdiction, wrong chamber) — requires refiling and potentially resets statute of limitations if the original was invalid
• Missing the limitation period
• Failing to serve Defendants properly — jurisdiction not established
• Omitting a cause of action that could have been pleaded — claim preclusion (res judicata) bars it later
• Pleading facts that are inconsistent with documentary evidence already in hand — credibility destroyed at an early stage
• Forgetting to request interim relief (injunctions, attachments) at the same time as the main claim, when urgency exists

Related skills

• [[draft-statement-of-defense]]
• [[draft-notice-of-arbitration]]
• [[draft-legal-opinion]]
• [[review-litigation-strategy]]