• Injunctions

    • 236. Injunctions: general

      (1) Where a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute —
      (a) a contravention of these Regulations or any Rules made under these Regulations;
      (b) an attempt to contravene these Regulations or any Rules made under these Regulations;
      (c) aiding, abetting, counselling or procuring a person to contravene these Regulations or any Rules made under these Regulations;
      (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene these Regulations or any Rules made under these Regulations;
      (e) being in any way, directly or indirectly, Knowingly Concerned in, or party to, the contravention by a person of these Regulations or any Rules made under these Regulations; or
      (f) conspiring with others to contravene these Regulations or any Rules made under these Regulations;
      the Court may, on the application of the Regulator, or of a person whose interests have been, are, or would be affected by the conduct, make one or more of the orders set out in subsection (2).
      (2) The Court may, in accordance with subsection (1), make any of the following orders —
      (a) an order restraining the person from engaging in the conduct including, but not limited to, engaging in conduct that may constitute a contravention of these Regulations or any Rules made under these Regulations;
      (b) an order requiring that person to do any act or thing including, but not limited to, acts or things to remedy the contravention or to minimise loss or damage; or
      (c) any other order as the Court sees fit.
      (3) Where a person ("A") has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that A is required to do by these Regulations or any Rules made under these Regulations, the Court may, on the application of —
      (a) the Regulator; or
      (b) any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing;
      grant an injunction on such terms as the Court thinks appropriate, requiring A to do that act or thing.
      (4) The power of the Court to grant an injunction restraining a person ("A") from engaging in conduct under subsection (2) may be exercised —
      (a) whether or not it appears to the Court that A intends to engage again, or to continue to engage, in conduct of that kind;
      (b) whether or not A has previously engaged in conduct of that kind; or
      (c) whether or not there is an imminent danger of substantial damage to any person if A engages in conduct of that kind.
      (5) The power of the Court to grant an injunction requiring a person ("A") to do an act or thing in accordance with subsections (2) or (3) may be exercised —
      (a) whether or not it appears to the Court that A intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing;
      (b) whether or not A has previously refused or failed to do that act or thing; and
      (c) whether or not there is an imminent danger of substantial damage to any person if A refuses or fails to do that act or thing.
      (6) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).
      (7) The Court may discharge or vary an injunction granted under this section.
      (8) In proceedings under this section against a person the Court may make an order under section 237 in respect of the person.

    • 237. Injunctions in cases of investigations and proceedings

      (1) Where —
      (a) the Regulator is conducting or has conducted an investigation into the acts or omissions of a person (the "Relevant Person") who may contravene or who may have contravened these Regulations or any Rules made under these Regulations; or
      (b) civil or regulatory proceedings have been instituted, by the Regulator or otherwise, against a Relevant Person in relation to an alleged contravention of these Regulations or any Rules made under these Regulations;
      the Court may, on application of the Regulator or any aggrieved person, make one or more of the orders set out in subsection (2).
      (2) The Court may, in accordance with subsection (1), make one or more of the following orders —
      (a) an order restraining the Relevant Person from paying, transferring, disposing of, or otherwise dealing with, any assets of his which he is reasonably likely to dispose of or otherwise deal with;
      (b) an order restraining any other person holding assets on behalf of the Relevant Person from paying, transferring, disposing of, or otherwise dealing with, any assets of the Relevant Person which are reasonably likely to be disposed of or otherwise dealt with;
      (c) an order prohibiting the Relevant Person or any other person from taking or sending out of the jurisdiction of the Court or out of the Abu Dhabi Global Market any assets of the Relevant Person or held on his behalf;
      (d) in the event that the Relevant Person is a natural person, an order appointing a receiver or trustee, having such powers as the Court may see fit, of the property or any of the property of the Relevant Person;
      (e) in the event that the Relevant Person is a Body Corporate, an order appointing a receiver or receiver and manager, having such powers as the Court may see fit, of the property or any of the property of the Relevant Person;
      (f) in the event that the Relevant Person is a natural person, an order requiring him to deliver up to the Court his passport and such other Documents as the Court sees fit; or
      (g) in the event that the Relevant Person is a natural person, an order prohibiting him from leaving the jurisdiction of the Court or of the Abu Dhabi Global Market without the consent of the Court.
      (3) Nothing in this section or section 236 affects any other powers that any person or the Court may have apart from as provided for under such sections.

    • 238. Injunctions in cases of Market Abuse

      (1) If, on the application of the Regulator, the Court is satisfied —
      (a) that there is a reasonable likelihood that any person will engage in Market Abuse; or
      (b) that any person is or has engaged in Market Abuse and that there is a reasonable likelihood that the Market Abuse will continue or be repeated;
      the Court may make an order restraining the Market Abuse.
      (2) If on the application of the Regulator the Court is satisfied —
      (a) that any person is or has engaged in Market Abuse; and
      (b) that there are steps which could be taken for remedying the Market Abuse;
      the Court may make an order requiring him to take such steps as the Court may direct to remedy it.
      (3) Subsection (4) applies if, on the application of the Regulator, the Court is satisfied that any person —
      (a) may be engaged in Market Abuse; or
      (b) may have been engaged in Market Abuse.
      (4) The Court may make an order restraining the person concerned from disposing of, or otherwise dealing with, any assets of his which it is satisfied that he is reasonably likely to dispose of, or otherwise deal with.
      (5) In subsection (2), references to remedying any Market Abuse include references to mitigating its effect.