• ADGM COURTS PROCEDURES

    • ADGM COURT PROCEDURE RULES 2016 [PDF Version]

      Pursuant to section 187 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, the Chief Justice has made court procedures rules for ADGM Courts. They are cited as ADGM Courts Procedure Rules 2016 and came into force on 30 May 2016.

      Click herehere to view the ADGM Court Procedure Rules.

      • ADGM COURT PROCEDURE RULES 2016

        Date of Enactment: 30 May 2016

        The Chief Justice of the ADGM Courts, having power under section 187 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015 to make court procedure rules makes the following rules which may be cited as the ADGM Court Procedure Rules 2016 —

        • PART 1 PART 1 — Scope And Interpretation

          • 1. Citation and commencement

            These Rules may be cited as the ADGM Court Procedure Rules 2016 and shall come into force on 30 May 2016.

          • 2. Scope and objective

            (1) Except as provided by a rule, practice direction or other ADGM enactment, these Rules apply to all proceedings in the Court of First Instance and in the Court of Appeal.
            (2) The overriding objective of these Rules is to secure that the system of civil justice in the ADGM Courts is accessible, fair and efficient.
            (3) The ADGM Courts must interpret and apply these Rules and any practice direction with a view to securing that the Court is accessible, fair and efficient and that unnecessary disputes over procedural matters are discouraged.
            (4) Practice directions may modify or disapply any provision of these Rules during the operation of pilot schemes for assessing the use of new practice directions and procedures.

          • 3. Interpretation

            (1) In these Rules —
            (a) "Abu Dhabi Global Market" means the financial free zone established by Federal Decree No. (15) of 2013 issued by the President of the United Arab Emirates, as delimited by Resolution No. (4) of 2013 of the Cabinet of the United Arab Emirates and as governed by the ADGM Founding Law, and "ADGM" is construed accordingly;
            (b) "ADGM enactment" means a regulation or rule enacted by the Board;
            (c) "ADGM Founding Law" means Law No. (4) of 2013 concerning the Abu Dhabi Global Market, as amended by Law No. (12) of 2020, issued by His Highness the Ruler;
            (d) “appellant”, except where the context otherwise requires, means a person who files an application for permission to appeal or who files a notice of appeal;
            (e) “Board” means the Board of Directors of the Abu Dhabi Global Market as constituted by Article 4 of the ADGM Founding Law;
            (f) “business day” means any day other than a Friday, Saturday or a public holiday;
            (g) "certificate of service" means a certificate given under Rule 21;
            (h) “claim” includes a petition and any application made before proceedings are commenced or made to commence proceedings;
            (i) "claimant" means a person who makes a claim;
            (j) “claim form” means any document which initiates proceedings;
            (k) “the Companies Regulations” means the Companies Regulations 2015;
            (l) “the Court” means the Court of First Instance or the Court of Appeal, as the context requires;
            (m) “the Courts” means the ADGM Courts;
            (n) “Court officer” means a member of the Court staff but does not include a Judge of the Courts;
            (o) “defendant” means a person against whom a claim is made;
            (p) “eCourts Platform” means the ADGM Courts electronic filing and case management systems;
            (q) “electronic means” means CD ROMs, memory sticks, clouds, e-mail, facsimile, or any other means of electronic communication of the contents of documents;
            (r) “Emirate” means the Emirate of Abu Dhabi;
            (s) “file” and “filing”, in relation to a document, means filing in the registry in accordance with Rule 13, and related expressions have corresponding meanings;
            (t) “form” and the “form prescribed” have the meanings given by Rule 5;
            (u) “Judge” means, as the context requires, the Chief Justice, Registrar, Justice of Appeal or Justice of First Instance;
            (v) “the jurisdiction” means, unless the context otherwise requires or provides, Abu Dhabi Global Market;
            (w) “lawyer” means someone who is authorised to practice law in any jurisdiction by the body authorised to regulate the admission, licensing and conduct of lawyers in that jurisdiction;
            (x) “legal representative” means a lawyer or lawyer’s employee who has been instructed to act for a party in relation to proceedings;
            (y) “month”, where it occurs in any ADGM enactment, rule, practice direction, judgment, order, direction or other document, means a Gregorian calendar month;
            (z) “original court” in relation to any judgment means the recognised court which gave the judgment;
            (aa) “party” means a claimant, defendant, applicant, respondent, appellant and a person who has been given permission to intervene under Part 7 of these Rules;
            (bb) “person” means any natural or legal person as the context requires;
            (cc) “public holiday” means New Year’s Day, Al-Mawlid Al Nabawi, Israa & Miaraj Night, Start of Ramadan, Eid Al Fitr, Arafat (Haj) Day, Eid Al Adha, Hijri New Year’s Day, UAE National Day and any other day declared by the Emirate to be a public holiday;
            (dd) “Registrar” means the Registrar and Chief Executive of the ADGM Courts;
            (ee) “registration” means registration under sections 172 to 176 of the Regulations, the expressions "register" and "registered" shall be construed accordingly;
            (ff) “registry” means the office of the ADGM Courts;
            (gg) “the Regulations” means, unless the context otherwise requires or provides, the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015;
            (hh) “right of audience” means the right to appear before and address a court, including the right to call and examine witnesses;
            (ii) “right to conduct litigation” means the right to issue proceedings before any court in any jurisdiction, to commence, prosecute and defend such proceedings and to perform any ancillary functions in relation to such proceedings;
            (jj) “serve” and “service”, in relation to a document, mean service according to the methods set out in Part 4 of these Rules, and related expressions have corresponding meanings;
            (kk) “statement of case” means a claim form, a defence, a claim under the Rule 30 procedure, or a reply to defence, and includes any further information given in relation to them voluntarily or by Court order in accordance with Rule 54;
            (ll) “summary judgment” is to be interpreted in accordance with Part 9 of these Rules.
            (2) References in these Rules to a practice direction means a practice direction issued by the Chief Justice.
            (3) References in these Rules or in any practice direction or in any form to a party’s signing, filing or serving any document or taking any other procedural step include the signature,filing or service of that document or the taking of such other procedural step by the party’s lawyer.
            (4) Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.
            (5) Where any of these Rules or any practice direction requires or permits the Court to perform an act of a formal or administrative character, that act may be performed by a Court officer.
            (6) Any term that is not defined in these Rules has the same meaning as that attributed to it in the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015.
            Amended on June 1 2017
            Amended on July 9 2020

          • 4. Court documents

            (1) The Court may place the Court's seal on a document by hand or electronically.
            (2) A document purporting to bear the Court's seal shall be admissible in evidence without further proof.

          • 5. Forms

            (1) In these Rules, a "form" or "form prescribed" means a form required to be used in accordance with a practice direction.
            (2) The forms shall be used in the cases to which they apply and in the circumstances for which they are required under the relevant practice direction, but a form may be varied by the Court or a party if the variation is required by the circumstances of a particular case.

          • 6. Time

            (1) A period of time expressed as a number of days shall be computed as clear days. So, in computing the number of days the day on which the period begins and, if the end of the period is defined by reference to an event, the day on which the event occurs is not included.
            (2) Where the specified period is 5 days or less and includes a Friday, Saturday or a public holiday, that day does not count.
            Amended on February 25, 2019

          • 7. Time limits

            (1) Where the Court gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance must wherever practicable be expressed as a calendar date, and it must include the time of day by which the act must be done.
            (2) The Court may extend or shorten any time limit set by these Rules or any relevant practice direction (unless to do so would be contrary to any ADGM enactment), either on an application by one or more parties or of its own initiative.
            (3) The Registrar must notify the parties when a time limit is varied under this Rule.
            (4) An application for an extension of time may be granted after the time limit has expired.
            (5) Subject to the provisions of a relevant practice direction, when the period specified for doing any act at the registry ends on a day on which the office is closed, that act shall be in time if done on the next day on which the registry is open.

        • PART 2 PART 2 — General Powers Of Management

          • 8. The Court's general powers of management

            (1) The Court may make any order, give any direction or take any step it considers appropriate for the purpose of managing the proceedings and furthering the overriding objective of these Rules.
            (2) When the Court makes an order, it may make it subject to conditions, including a condition to pay a sum of money into Court; and must specify the consequences of failure to comply with the order or a condition.
            (3) The Court may order a party to pay a sum of money into Court if that party has, without good reason, failed to comply with a rule or practice direction and, in making such an order, the Court must have regard to the amount in dispute and the costs which the parties have incurred or which they may incur.
            (4) Where a party pays money into Court following an order under paragraph (3) of this Rule, the money shall be security for any sum payable by that party to any other party in the proceedings.
            (5) A power of the Court under these Rules or a practice direction to make an order includes a power to vary or revoke the order.
            (6) Except where a rule or relevant practice direction or some other ADGM enactment provides otherwise, the Court may exercise its powers on an application or of its own initiative.
            Amended on June 1, 2017

          • 9. Striking out a statement of case

            (1) In this Rule, reference to a statement of case includes reference to part of a statement of case.
            (2) The Court may strike out a statement of case if it appears to the Court —
            (a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;
            (b) that the statement of case is an abuse of the Court's process or is otherwise likely to obstruct the just disposal of the proceedings; or
            (c) that there has been a material failure to comply with a rule, practice direction or Court order.
            (3) When the Court strikes out a statement of case it may make any consequential order it considers appropriate.

          • 10. Sanctions for non-payment of Court fees

            (1) Where a party to proceedings is required to make payment to the Court of a fee specified by the Court but does not pay or make an application for full or part remission of the fee by or at the time the fee is due, the Court may, in accordance with the relevant practice direction, impose on that party such sanctions as the practice directions may provide.
            (2) Where a fee is prescribed by any rule made by the Chief Justice under section 184(1) of the Regulations, the Registrar may refuse to accept a document or allow a party to take any step unless and until the relevant fee is paid.
            (3) A party may seek full or part remission or deferral of payment of any fee in accordance with the relevant practice direction.
            Amended on June 1, 2017

          • 11. Non-compliance with these Rules

            (1) Any failure by a party to comply with these Rules or any relevant practice direction or Court order shall not have the effect of making the proceedings invalid.
            (2) Where any provision in these Rules or any relevant practice direction or Court order is not complied with, the Court may give whatever directions appear appropriate, having regard to the seriousness of the non-compliance and generally to the circumstances of the case.
            (3) The Registrar may refuse to accept any document which does not comply with any provision in these Rules or any relevant practice direction or Court order, and may give whatever directions appear appropriate.
            (4) Directions under this Rule may include the summary dismissal of the proceedings or debarring a respondent from resisting them.

        • PART 3 PART 3 — Court Documents

          • 12. Signature of documents

            Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is electronic.

          • 13. Filing and sending documents

            (1) All documents must be filed by electronic means in accordance with the relevant practice direction.
            (2) Unless the Court otherwise directs, no document may be filed unless the relevant fee is paid.
            (3) The contents of documents filed by electronic means must also be provided to the registry in hard copy if this is required by a relevant practice direction.
            Amended on June 1 2017
            Amended on July 9 2020

          • 14. Access to Court records

            (1) A party to proceedings may obtain from the Court's records a copy of any document filed by a party or any communication between the Court and a party.
            (2) Subject to any relevant practice direction, a person who is not a party to proceedings may, unless the Court orders otherwise, obtain from the Court’s records a copy of a statement of case (but not any documents filed with or attached to the statement of case), and a judgment or order given or made in public (whether or not made at a hearing).
            (3) A person wishing to obtain a copy of a document under this Rule must pay any prescribed fee.
            Amended on July 9 2020

        • PART 4 PART 4 — SERVICE OF DOCUMENTS

          • 15. Methods of service

            (1) All documents, other than one which initiates proceedings, must be served by email or other means of electronic communication in accordance with the relevant practice direction. Notwithstanding this rule, parties may agree for the document which initiates proceedings to be served by email or other means of electronic communication.
            (2) A document which initiates proceedings may be served by any of the following methods —
            (a) by personal service in accordance with Rule 16;
            (b) by courier or other service which provides for delivery on the same or next business day;
            (c) by leaving it at a place specified in Rule 17;
            (d) by any other method authorised by the Court under Rule 19.
            (3) For the purpose of initiating proceedings, a company may be served by any method permitted under this Part or by any of the methods of service permitted under the Companies Regulations.
            (4) For the purpose of initiating proceedings, a limited liability partnership may be served by any method permitted under this Part or by any of the methods of service permitted under the Companies Regulations as applied with modifications by rules made under the Limited Liability Partnerships Regulations 2015.
            Amended on June 20, 2018

          • 16. Personal service

            (1) A claim form may be served personally except where a rule, relevant practice direction, any other ADGM enactment or a Court order requires that the claim form must be served by any other method, or where Rule 17(3) or (4) applies.
            (2) A document is served personally on —
            (a) an individual by leaving it with that individual;
            (b) a company or other corporation by leaving it with a person holding a senior position within the company or corporation;
            (c) a partnership (where the partners are being sued in the name of the firm) by leaving it with a partner or a person who, at the time of service, has the control or management of the partnership business at its principal place of business;
            (d) in respect of the Global Market's Registration Authority, by leaving it with the Registrar of the Registration Authority;
            (e) in respect of the Global Market's Financial Services Regulatory Authority, by leaving it with the Chief Executive of the Financial Services Regulatory Authority.
            Amended on June 1, 2017

          • 17. Where to serve the claim form

            (1) The claim form must be served within the jurisdiction except where paragraphs (4) or (11) and (12) apply, or as provided by Rule 23.
            (2) In this Rule, "address" includes e-mail and other electronic addresses and "business address" is construed accordingly.

            Lawyer within the jurisdiction

            (3) Subject to Rule 16, where the defendant has given in writing the business address within ADGM of a lawyer as an address at which the defendant may be served with the claim form, or a lawyer acting for the defendant has notified the claimant in writing that the lawyer is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within ADGM, the claim form must be served at the business address of that lawyer.

            Lawyer in the Emirate

            (4) Subject to Rules 16 and 26 and except where any other rule or relevant practice direction makes different provision, where the defendant has given in writing the business address in the Emirate of a lawyer as an address at which the defendant may be served with the claim form; or a lawyer acting for the defendant has notified the claimant in writing that the lawyer is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the Emirate, the claim form must be served at the business address of that lawyer.

            Where before service the defendant gives an address at which he may be served

            (5) Subject to Rules 16 and 26 and to paragraphs (3) and (4) of this Rule, and except where any other rule or relevant practice direction makes different provision, the defendant may be served with the claim form at an address at which the defendant resides or carries on business within ADGM or in the Emirate and which the defendant has given for the purpose of being served with the proceedings.

            Where the defendant does not give an address at which he may be served

            (6) Paragraphs (7) to (9) apply where Rule 16 and paragraphs (3) and (4) of this Rule do not apply and the claimant does not wish to effect personal service under Rule 16.
            (7) Subject to paragraphs (8) and (9), the claim form must be served on the defendant at the place shown in the following table.
            # Nature of defendant to be served Place of service
            1. Individual Usual or last known residence.
            2. Individual being sued in the name of a business Usual or last known residence of the individual; or

            Principal or last known place of business.
            3. Individual being sued in the business name of a partnership Usual or last known residence of the individual; or

            Principal or last known place of business of the partnership.
            4. Limited Liability Partnership Principal office of the partnership; or

            Any place of business of the partnership within ADGM which has a real connection with the claim.
            5. Corporation (other than a company) in ADGM Principal office of the corporation; or

            Any place within ADGM where the corporation carries on its activities and which has a real connection with the claim.
            6. Company registered in ADGM Principal office of the company; or

            Any place of business of the company within ADGM which has a real connection with the claim.
            7. Any other company or corporation Any place within ADGM where the company or corporation carries on its activities; or

            Any place of business of the company or the corporation within ADGM.
            (8) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table at paragraph (7) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant's current residence or place of business.
            (9) Where paragraph (8) applies, the claimant may serve on the defendant's usual or last known address in accordance with the table in paragraph (7) where the claimant cannot reasonably ascertain the defendant's current residence or place of business

            Proceedings against ADGM

            (10) In proceedings against ADGM, service must be effected on the Chairman of the Board or a lawyer employed by or acting for ADGM.

            Service of the claim form by contractually agreed method

            (11) Where a contract contains a term providing that, in the event of a claim being started in relation to the contract, the claim form may be served by a method or at a place specified in the contract (including on an agent or principal) and a claim solely in respect of that contract is started, the claim form may, subject to paragraph (12), be served on the defendant by the method or at the place or on the person specified in the contract.
            (12) Where in accordance with the contract the claim form is to be served out of the jurisdiction or the Emirate, it may be served if written notice of service out of the jurisdiction or the Emirate has been given by the claimant to the Court under Rule 24; and without permission.
            Amended on June 1, 2017

          • 18. Deemed service

            (1) A document (including a claim form) served within ADGM or the Emirate in accordance with this Part is deemed to be served as follows —
            (a) by courier or other service which provides for delivery on the same or next business day, on the first business day after it was sent, left with, delivered to or collected by the relevant service provider;
            (b) by delivering to or leaving at a permitted address, if it is delivered to or left at the permitted address on a business day before 4 pm on that day; or in any other case, on the next business day after that day;
            (c) by e-mail or other electronic method, if the e-mail or other electronic transmission is sent on a business day before 4 pm on that day; or in any other case, on the next business day after that day;
            (d) by personal service, if served personally before 4 pm on a business day, on that day; or in any other case, on the next business day after that day.

          • 19. Service of documents by an alternative method or at an alternative place

            (1) Where it appears to the Court that there is a good reason to authorise service of the claim form by a method or at a place not otherwise permitted by this Part or by a relevant practice direction, the Court may make an order permitting service by an alternative method or at an alternative place.
            (2) On an application under this Rule, the Court may order that steps already taken to bring the claim form to the defendant's attention by an alternative method or at an alternative place is good service.
            (3) An application under this Rule must be supported by evidence, and may be made without notice to the other party.
            (4) Paragraphs (1) to (3) of this Rule apply to any document in the proceedings as they apply to a claim form, and references to the defendant in those paragraphs are modified accordingly.

          • 20. Power of the Court to dispense with service

            (1) The Court may dispense with service of a claim form and any other document which is to be served in the proceedings in exceptional circumstances.
            (2) An application for an order under paragraph (1) of this Rule may be made at any time.

          • 21. Certificate of service

            (1) The claimant must file a certificate of service within 21 days of service of the claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time, and may not obtain judgment in default under Rule 39 unless a certificate of service has been filed.
            (2) The certificate of service must give details of the person served, the method of service used and must state the date on which the claim form was served personally, couriered, delivered, left or sent electronically, as the case may be.

          • 22. Address for service to be given after proceedings are started

            (1) A party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a current e-mail address, unless the Court orders otherwise.
            (2) Except where any other rule or relevant practice direction makes different provision, a party's address for service must be —
            (a) the business address either within ADGM or the Emirate of a lawyer acting for the party to be served; or
            (b) the business address in the Emirate of a lawyer nominated to accept service of documents; or
            (c) where there is no lawyer acting for the party or no lawyer nominated to accept service of documents, an address within ADGM or the Emirate at which the party resides or carries on business.
            (3) Where none of paragraph (2) applies, the party must give an address for service within ADGM or the Emirate.
            (4) Any document to be served in proceedings must be sent or transmitted to, or left at, the party's address for service under paragraph (2) or (3) unless it is to be served personally or the Court orders otherwise.
            (5) This Rule does not apply where an order made by the Court specifies where a document may be served.
            (6) Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the Court and to every other party.
            Amended on June 1, 2017

          • 23. Service of the Claim Form and other Documents out of the Jurisdiction and the Emirate

            (1) The claimant may, in accordance with the relevant practice direction, serve the claim form on a defendant out of the jurisdiction and the Emirate where each claim made against the defendant to be served and included in the claim form is a claim which the Court has power to determine under —
            (a) the Regulations;
            (b) any ADGM enactment other than the Regulations; or
            (c) the ADGM Founding Law,

            notwithstanding that the person against whom the claim is made is not resident or domiciled within the jurisdiction or the facts giving rise to the claim did not occur within the jurisdiction.
            Amended on February 25, 2019

          • 24. Notice of statement of grounds

            (1) Where the claimant intends to serve a claim form on a defendant under Rule 23
            (a) the claimant must file with the claim form a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction or the Emirate and must serve a copy of that notice with the claim form; and
            (b) the claim form may only be served once the claimant files the notice referred to in paragraph (1)(a) of this Rule.
            (2) The notice referred to in paragraph (1)(a) need only be filed in respect of the claim form, and the claimant may serve any other documents in the proceedings out of the jurisdiction or the Emirate without such a notice.
            Amended on June 1, 2017

          • 25. Proof of service before obtaining judgment

            Where the claim form is served on a defendant out of the jurisdiction, the claimant may not obtain judgment against the defendant until the claimant files written evidence that the claim form has been duly served in accordance with this Part.

            Amended on June 1, 2017

          • 26. Service of Documents from Foreign Courts or Tribunals

            (1) This Rule applies to the service in ADGM of any document in connection with civil or commercial proceedings in a foreign court or tribunal.
            (2) In this Rule —
            (a) "foreign court or tribunal" means a court or tribunal outside ADGM;
            (b) "GCC Convention" means the 1996 Gulf Cooperation Council Convention for the Execution of Judgments, Delegations and Judicial Notifications; and
            (c) "Riyadh Convention" means the 1983 Riyadh Arab Agreement for Judicial Cooperation.
            (3) The Registrar will serve a document to which this Rule applies upon receipt of a written request for service —
            (a) where the foreign court or tribunal is in a GCC Convention country, from the competent judicial authority or employee of that country;
            (b) where the foreign court or tribunal is in a Riyadh Convention country, from the judicial body or officer concerned of that country;
            (c) where the foreign court or tribunal is in any other country, from a consular or other authority of that country; or
            (d) from the Chairman of the Board, with a recommendation that service should be effected.
            (4) Unless the foreign court or tribunal certifies that the person to be served understands the language of the document to be served, the Registrar must be provided before service with two copies of a translation of it into English.
            (5) Where service of a document has been effected by a process server, the process server must send to the Registrar a copy of the document, together with proof of service or a statement why the document could not be served and, if the Registrar directs, specify the costs incurred in serving or attempting to serve the document.
            (6) The Registrar will send to the person who requested service a copy of the document together with a certificate, sealed with the seal of the ADGM Courts for use out of the jurisdiction, stating when and how the document was served or the reason why it has not been served and, where appropriate, an amount certified to be the costs of serving or attempting to serve the document.

        • PART 5 PART 5 — Commencement Of Proceedings

          • 27. The claim form

            (1) Proceedings are started on the date entered on the claim form when the Court issues the claim form at the claimant's request.
            (2) A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.
            (3) The claim form must —
            (a) state what final orders the claimant seeks;
            (b) include the particulars of the claimant's case;
            (c) if the claimant seeks damages by way of interest, the details required in the relevant practice direction; and
            (d) contain any other matter that may be set out in a practice direction.
            Amended on June 1, 2017

          • 28. Service of a claim form

            (1) Where the claim form is served within the jurisdiction or the Emirate, the claimant must complete the step required in relation to the particular method of service chosen before 12 noon —
            (a) in relation to a claim in the Small Claims Division of the Court, on the calendar day 14 days after the date of issue of the claim form; and
            (b) in relation to all other claims, on the calendar day 4 months after the date of issue of the claim form.
            (2) Where the claim form is to be served out of the jurisdiction or the Emirate, the claim form must be served in accordance with Rule 23
            (a) in relation to a claim in the Small Claims Division of the Court, no later than the calendar day, 21 days of the date of issue of the claim form; and
            (b) in relation to all other claims, no later than the calendar day 6 months of the date after the date of issue of the claim form.
            (3) The claimant may apply for an order extending the period for compliance with paragraph (1) or (2).
            (4) Subject to paragraph (5), an application under paragraph (3) must be made within the period specified by paragraph (1) or (2) or, when an order has been made under paragraph (3), within the period for service specified by that order.
            (5) If the claimant applies for an order to extend the time for compliance after the end of the period specified by paragraph (1) or (2) or by an order made under paragraph (3), the Court may make such an order only if the claimant has taken all reasonable steps to comply with paragraph (1) or (2) but has been unable to do so and acted promptly in making the application.
            Amended on June 1, 2017

          • 29. Application by defendant for service of claim form

            (1) Where a claim form has been issued against a defendant, but has not yet been served on him, the defendant may serve a notice on the claimant requiring him to serve the claim form or discontinue the claim within a period specified in the notice.
            (2) If the claimant fails to comply with the notice, the Court may, on the application of the defendant dismiss the claim or make any other order it thinks fit.

          • 30. Alternative Procedure for claims — Rule 30 Procedure

            (1) A claimant may use a simplified procedure ("the Rule 30 procedure") in accordance with the relevant practice direction where he seeks the Court's decision on a question which is unlikely to involve a substantial dispute of fact.
            (2) The Court may at any stage order the claim to continue as if the claimant had not used this procedure and, if it does so, the Court may give any directions it considers appropriate.
            (3) Paragraph (1) does not apply if a practice direction provides that the Rule 30 procedure may not be used in relation to the type of claim in question.
            (4) Where the claimant uses the Rule 30 procedure, he may not obtain default judgment under Rule 39 without the Court's permission.
            (5) A practice direction may require or permit the use of the Rule 30 procedure in relation to a specified type of proceedings, and may disapply or modify any of the rules or practice directions as they apply to those proceedings.
            (6) A practice direction may set out the circumstances in which a claim form may be issued under the Rule 30 procedure without naming a defendant.

          • 31. Evidence under the alternative procedure

            (1) No written evidence may be relied on at the hearing of a claim under the Rule 30 procedure unless it has been served in accordance with Rule 32, or the Court gives permission.
            (2) The Court may require or permit a party to give oral evidence at the hearing, and may give directions requiring the attendance for cross-examination of a witness who has given written evidence.

          • 32. Filing and serving written evidence under the alternative procedure

            (1) The claimant who seeks to use the Rule 30 procedure must file any written evidence on which he intends to rely when he files his claim form and must serve that evidence on the defendant with the claim form.
            (2) A defendant who wishes to rely on written evidence must, within 28 days after filing his acknowledgment of service file his evidence; and at the same time, serve a copy of his evidence on the other parties.
            (3) The claimant may, within [14] days of service of the defendant's evidence on him, file further written evidence in reply and, if he does so, he must also, at the same time, serve a copy of his evidence on the other parties.

          • 33. Procedure where defendant objects to use of the Rule 30 procedure

            (1) Where the defendant contends that the Rule 30 procedure should not be used because there is a substantial dispute of fact, because the use of the procedure is not required or permitted by a rule or practice direction, or for some other substantive reason, he must state his reasons when he files his written evidence.
            (2) When the Court receives the acknowledgment of service and any written evidence, it will give directions as to the future management of the case.

          • 34. Modifications to the general rules

            (1) Where the Rule 30 procedure is followed —
            (a) the defendant is not required to file a defence, and therefore Part 6 of these Rules (Defence and Reply) does not apply;
            (b) any time limit in these Rules or a relevant practice direction which prevents the parties from taking a step before a defence is filed does not apply; and
            (c) the claimant may not obtain judgment by request on an admission and, therefore, Rule 42 does not apply.

          • 35. Answering a claim

            (1) Where the defendant receives a claim form he must file and serve an acknowledgment of service within the period specified in Rule 37.
            (2) The defendant may also file and serve an admission in accordance with Rule 42, a defence in accordance with Rule 44 or an admission and a defence if he admits only part of the claim.
            (3) Paragraph (1) does not affect the operation of Rule 36.

          • 36. Acknowledgment of service and consequence of not filing an acknowledgment of service

            (1) A defendant must file and, at the same time, serve a copy of the acknowledgment of service on the claimant and every other party in accordance with Rule 37.
            (2) A defendant must file an acknowledgment of service even if he is unable to file a defence within the period specified in Rule 44 or he wishes to dispute the Court's jurisdiction.
            (3) If a defendant fails to file an acknowledgment of service within the period specified in Rule 37, the claimant may obtain default judgment if Rule 39 allows him to do so.
            (4) If the claim was issued under the Rule 30 procedure, the defendant may attend the hearing of the claim but may not take part in the hearing unless the Court gives permission.

          • 37. Period for filing and serving acknowledgment of service

            The period for filing and serving an acknowledgment of service is 14 days after service of the claim form.

            Amended on June 1, 2017

          • 38. Procedure for disputing the Court's jurisdiction

            (1) A defendant who wishes to dispute the Court's jurisdiction to try the claim, or who wishes to argue that the Court should not exercise its jurisdiction, may apply to the Court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.
            (2) A defendant who wishes to make such an application must first file and serve an acknowledgment of service in accordance with Rules 35 and 37.
            (3) A defendant does not lose any right that he may have to dispute the Court's jurisdiction by filing and serving an acknowledgment of service.
            (4) An application under this Rule must be made within 28 days after filing and serving the acknowledgment of service and be supported by written evidence.
            (5) If the defendant files an acknowledgment of service but does not make such an application within the period specified in paragraph (4), he is to be treated as having accepted that the Court has jurisdiction to try the claim.
            (6) An order containing a declaration that the Court has no jurisdiction or will not exercise its jurisdiction may make such further provision as to the future conduct of the proceedings or otherwise as the Court considers appropriate.
            (7) If, on an application under this Rule, the Court does not make a declaration, the Court shall give directions as to the filing and service of the defence or, in the case of a claim under the Rule 30 procedure, any written evidence.
            (8) If a defendant makes an application under this Rule, he must file and serve his written evidence in support with the application notice, but he need not, before the hearing of the application, file a defence or, in the case of a claim under the Rule 30 procedure, any other written evidence.
            Amended on June 1, 2017

          • 39. Default judgment

            (1) In these Rules, "default judgment" means judgment without trial or hearing where a defendant has failed to file and serve an acknowledgment of service, or has filed and served an acknowledgment of service but has failed to file and serve a defence.
            (2) Judgment in default of an acknowledgment of service may be obtained if the defendant has not filed and served an acknowledgment of service and the relevant time for doing so has expired.
            (3) Judgment in default of a defence may be obtained where the defendant has filed and served an acknowledgment of service but has not filed and served a defence or a counterclaim where a defence has not been filed and served and, in either case, the relevant time for doing so has expired.
            (4) A default judgment on a money claim may include interest as provided for by a practice direction.

          • 40. Conditions to be satisfied

            (1) The claimant may not obtain a default judgment under rule 39
            (a) if the defendant has applied to have the claimant's statement of case struck out or for summary judgment and, in either case, that application has not been disposed of;
            (b) if the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment;
            (c) if the claimant is seeking judgment on a money claim and the defendant has filed and served on the claimant an admission of liability to pay all of the money claimed, together with a request for time to pay;
            (d) where he uses the Rule 30 procedure; or
            (e) where a rule, practice direction or ADGM enactment provides that the claimant may not obtain a default judgment.

          • 41. Setting aside or varying default judgment

            (1) The Court must set aside a judgment entered under Rule 39 if that judgment was wrongly entered because —
            (a) in the case of a judgment in default of an acknowledgment of service or in default of a defence, any of the conditions in Rule 40 was not satisfied; or
            (b) the whole of the claim was satisfied before judgment was entered.
            (2) In any other case, the Court may set aside or vary a judgment entered under Rule 39:
            (a) if the defendant has a real prospect of successfully defending the claim; or
            (b) if it appears to the Court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim; and
            (c) the application to set aside or vary the judgment was made promptly.
            (3) An application under this Rule must be supported by evidence.

          • 42. Admissions

            (1) A party may at any time, by giving notice in writing, admit the truth of the whole or any part of another party's case.
            (2) The Court's permission is required if a party by notice in writing wishes to amend or withdraw an admission.
            (3) Where a party makes an admission under paragraph (1), any other party may apply for judgment on the admission and the judgment shall be such as it appears to the Court that the applicant is entitled to on the admission.
            (4) Where the only remedy which the claimant is seeking is the payment of money, the defendant may also admit, by giving notice in writing, liability to pay the whole or part of a claim for a specified amount of money or, where the amount is not specified, the whole amount or part only of that claim.
            (5) Where the defendant makes an admission as mentioned in paragraph (4), the claimant has the right to enter judgment for the amount of money for which liability has been admitted.
            (6) For the purpose of this Rule, a notice in writing must be provided to the Court and to every other party.
            Amended on February 25, 2019

          • 43. Request for time to pay

            (1) A defendant who makes an admission under paragraph (4) of rule 42 may make a request for time to pay, which is a proposal about the date of payment or a proposal to pay by instalments at the times and rate specified in the request.
            (2) The defendant's request for time to pay must be filed and served with his admission and, if the claimant accepts the defendant's request, he may obtain judgment by filing a request for judgment.
            (3) If the claimant does not accept the defendant's proposals for payment, he must file a notice to that effect together with a copy of the defendant's admission and request for time to pay.
            (4) When the Court receives the claimant's notice, it will enter judgment for the amount admitted (less any payments made) to be paid at the time and rate of payment determined by the Court.

        • PART 6 PART 6 — Defence And Reply

          • 44. Filing and serving a defence

            (1) A defendant who wishes to defend all or part of a claim must file a defence and serve a copy of it on the claimant and every other party within 28 days after service of the claim.
            (2) If a defendant fails to file and serve a defence, and the period for doing so has expired, the claimant may obtain default judgment if Rule 39 allows him to do so.
            (3) This rule does not apply where the claimant uses the Rule 30 procedure.
            (4) Where the defendant makes an application under Rule 38, he need not file and serve a defence before the hearing of that application.
            Amended on June 1, 2017

          • 45. Filing and serving a reply

            (1) If a claimant wishes to file a reply to the defence, he must file the reply and serve the reply on all the other parties at the same time as it is filed within 21 days after service of the defence.
            (2) If before the defendant has filed and served a defence, the claimant applies for summary judgment under Rule 68, the defendant need not file and serve a defence before the summary judgment hearing.

          • 46. Extending the period for filing and serving a defence

            (1) The parties may agree that the period for filing and serving a defence specified in Rule 44 shall be extended by up to 28 days.
            (2) Any extension beyond the period specified in paragraph (1) may only be obtained by application to the Court.

          • 47. Claim stayed if not defended or admitted

            (1) Where at least 6 months have expired since the end of the period for filing and serving a defence, no defendant has filed or served an admission or a defence or a counterclaim and the claimant has not entered or applied for default judgment under Rule 39 or for summary judgment under Rule 68, the claim shall be stayed.
            (2) Where a claim is stayed under this Rule, any party may apply for the stay to be lifted.
            Amended on June 1, 2017

          • 50. Counterclaim

            (1) A defendant may make a counterclaim against a claimant by filing a counterclaim without the Court's permission if he files it at the same time as his defence, or at any other time with the Court's permission.
            (2) Particulars of the defendant's claim must be contained in the counterclaim.
            (3) A defendant who wishes to counterclaim against a person other than the claimant must apply to the Court for an order that that person be added as an additional party.

          • 51. Defendant's additional claim

            (1) A defendant may make an additional claim without the Court's permission if the additional claim is issued before or at the same time as he files his defence, or at any other time with the Court's permission.
            (2) A person on whom an additional claim is served becomes a party to the proceedings if he is not a party already.
            (3) When an additional claim is served on an existing party for the purpose of requiring the Court to decide a question against that party in a further capacity, that party also becomes a party in the further capacity specified in the additional claim.

          • 52. Amendments of statements of case

            (1) A party may amend his statement of case at any time before it has been served on any other party.
            (2) If his statement of case has been served, a party may amend it only with the written consent of all the other parties or with the Court's permission.
            (3) If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with Rule 56.

          • 53. Permission to amend statements of case

            (1) The Court may allow an amendment whose effect will be to add or substitute a new claim after a period of limitation has expired, but only if the new claim arises out of the same, or substantially the same, facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.
            (2) The Court may allow an amendment to correct a mistake as to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question.
            (3) The Court may allow an amendment to alter the capacity in which a party claims if the new capacity is one which that party had when the proceedings started or has since acquired.

          • 54. Further information

            (1) The Court may at any time order a party to clarify any matter which is in dispute in the proceedings or give additional information in relation to any such matter whether or not the matter is contained in or referred to in a statement of case.
            (2) Paragraph (1) is subject to any rule of law to the contrary.
            (3) The Court may direct that information provided by a party to another party (whether given voluntarily or following an order made under paragraph (1)) must not be used for any purpose except for that of the proceedings in which it is given or may, on the application of the party receiving the information, be used in proceedings other than the proceedings in which it is given.
            (4) Where the Court makes an order under paragraph (1), the party against whom it is made must file his response and serve it on the other parties within the time specified by the Court.
            (5) Practice directions may set out the circumstances in which a party may apply for, and in which the Court may make, an order under this Rule.

        • PART 7 PART 7 — Parties And Group Litigation

          • 55. Parties — general

            (1) Where a claimant claims a remedy to which some other person is jointly entitled with him, all persons jointly entitled to the remedy must be parties unless the Court orders otherwise.
            (2) If any person does not agree to be a claimant, he must be made a defendant unless the Court orders otherwise.

          • 56. Addition and substitution of parties

            (1) Where the claim form has been served, the Court's permission is required to remove, add or substitute a party.
            (2) An application for permission under paragraph (1) may be made by an existing party or by a person who wishes to become a party.
            (3) Nobody may be added or substituted as a claimant unless he has given his consent in writing and that consent has been filed with the Court.
            (4) The Court may order any person to cease to be a party if it is not desirable for that person to continue to be a party to the proceedings.
            (5) An order for the removal, addition or substitution of a party must be served on all parties to the proceedings and any other person affected by the order.
            (6) The Court may add or substitute a party after the end of a period of limitation only if the relevant limitation period was current when the proceedings were started and the addition or substitution is necessary.

          • 57. Representative parties

            (1) This Rule applies to claims about the estate of a deceased person or property subject to a trust.
            (2) The Court may make an order appointing a person to represent any other person or persons in the claim where the person or persons to be represented are minors or unborn, cannot be found, cannot easily be ascertained or is a class of person who has the same interest in a claim and to appoint a representative would further the overriding objective.
            (3) An application for an order under paragraph (2) may be made by any person who seeks to be appointed under the order or by any party to the claim at any time before or after the claim has started.
            (4) The Court's approval is required to settle a claim in which a party is acting as a representative under this Rule, and the Court may approve a settlement where it is satisfied that the settlement is for the benefit of all the represented persons.
            (5) Unless the Court otherwise directs, any judgment or order given in a claim in which a party is acting as a representative under this Rule is binding on all persons represented in the claim but may only be enforced by or against a person who is not a party to the claim with the Court's permission.

          • 58. Power to make judgments binding on non-parties

            (1) The Court may at any time direct that notice of the claim or any judgment or order given in the claim be served on any person who is not a party but who is or may be affected by it.
            (2) Any person served with a notice of a judgment or order under this Rule shall be bound by the judgment or order as if he had been a party to the claim but may, provided he acknowledges service of the notice in accordance with Rule 35(1) apply to the Court to set aside or vary the judgment or order or take part in any proceedings relating to the judgment or order.

          • 59. Derivative claims

            (1) This Rule applies to a derivative claim, whether under Chapter 1 of Part 11 of the Companies Regulations or otherwise, but does not apply to a claim made pursuant to an order made under section 860 of those Regulations.
            (2) "Derivative claim" means a claim made by an eligible member of a company or other body corporate for a remedy where the company or other body corporate is alleged to be entitled to that remedy, "eligible member" having the meaning given in section 282(3) of the Companies Regulations.
            (3) A derivative claim is started by issuing a claim form, and the company or other body corporate for the benefit of which a remedy is sought must be made a defendant to the claim.

          • 60. Derivative claims under the Companies Regulations

            (1) When the claim form for a derivative claim under Chapter 1 of Part 11 of the Companies Regulations is issued, the claimant must file an application for permission to continue the claim.
            (2) The claimant must not make the company a respondent to the permission application.
            (3) Subject to paragraph (5), the claimant must notify the company of the claim and the permission application by sending to the company the documents set out in the relevant practice direction as soon as reasonably practicable after the claim form is issued.
            (4) The claimant may send the documents required by the relevant practice direction to the company by any method permitted by the practice direction as if the documents were being served on the company.
            (5) Where notifying the company of the permission application would be likely to frustrate some part of the remedy sought, the Court may, on application by the claimant, order that the company need not be notified for such period after the issue of the claim form as the Court directs; and an application under this paragraph may be made without notice.
            (6) Where the Court does not dismiss the permission application under section 283(2) of the Companies Regulations, the Court will order that the company and any other appropriate party must be made respondents to the permission application, and give directions for the service on the company and any other appropriate party of the permission application notice and the claim form.

          • 61. Derivative claims — other bodies corporate

            (1) This Rule sets out the procedure where a body corporate to which Chapter 1 of Part 11 of the Companies Regulations does not apply is alleged to be entitled to a remedy and either a claim is made by an eligible member, or an eligible member of the body corporate, seeks to take over a claim already started by the body corporate or one or more of its eligible members for it to be given that remedy.
            (2) The eligible member who starts or seeks to take over the claim must apply to the Court for permission to continue the claim; and the application for permission must be made by an application notice.
            (3) The procedure for applications in relation to companies under section 283, 284 or 286 (as the case requires) of the Companies Regulations applies to the permission application as if the body corporate were a company.
            (4) Paragraphs (2) and (3) apply to the permission application as if the body corporate were a company.

          • 62. Derivative claims arising in other proceedings

            (1) If a derivative claim (except such a claim in pursuance of an order under section 860 of the Companies Regulations) arises in the course of other proceedings in the case of a derivative claim under Chapter 1 of Part 11, Rules 58 and 59 apply as the case requires.
            (2) The Court may order the company or body corporate for the benefit of which a derivative claim is brought to indemnify the claimant against liability for costs incurred in the permission application or in the derivative claim or both.
            (3) The Court, where it has given permission to continue a derivative claim, may order that the claim may not be discontinued, settled or compromised without the Court's permission

          • 63. Group Litigation Orders

            (1) The Court may make a Group Litigation Order ("GLO") to provide for the case management of claims which give rise to common or related issues of fact or law (the "GLO issues").
            (2) The procedure for applying for a GLO and the type of orders and directions it may contain may be set out in a relevant practice direction.
            (3) A GLO must contain directions about the establishment of a register (the "group register") on which the claims managed under the GLO will be entered and specify the GLO issues which will identify the claims to be managed as a group under the GLO.
            (4) A party to a claim on the group register may apply to the Court for the claim to be removed from the group register.
            (5) Unless the Court orders otherwise, disclosure of any document relating to the GLO issued by a party to a claim on the group register is disclosure of that document to all parties to claims which are on, or are subsequently entered on, the group register.
            (6) Where a judgment or order is given or made in a claim in the group register in relation to one or more GLO issues that judgment or order is binding on the parties to all other claims that are on the group register at the time that judgment is given or order is made unless the Court orders otherwise; and the Court may give directions as to the extent to which that judgment or order is binding on the parties to any claim which is subsequently entered on the group register.
            (7) Any party who is adversely affected by a judgment or order which is binding on him may apply for the judgment or order to be set aside, varied or stayed or for permission to appeal the judgment or order.
            (8) A party to a claim which was entered on the group register after a judgment or order which is binding on him was given or made may not apply for the judgment or order to be set aside, varied or stayed or appeal the judgment or order, but he may apply to the Court for an order that the judgment or order is not binding on him.

        • PART 8 PART 8 — General Rules About Applications For Court Orders

          • 64. Application notices

            (1) Unless a rule or practice direction permits otherwise, or the Court otherwise directs, a party who wishes to apply to the Court for orders must file an application notice together with any witness statement evidence in support and a draft of the order which the applicant is seeking from the Court. The application notice must include any matters that may be set out in a practice direction.
            (2) Where an application must be made within a specified time, it is so made if the application notice is received by the Court within that time.
            (3) An application for an interim remedy may be made by a person who intends to file a claim only if the matter is urgent. A person who wishes to apply to the Court for an interim remedy prior to a claim being filed must file an application notice together with any witness statement evidence in support and a draft of the order which the applicant is seeking from the Court. The application notice must also include any matters that may be set out in a practice direction.
            (4) A person making an application under paragraph (3) must give an undertaking to the Court at the time of filing the application notice to the effect that the applicant will file a claim within 2 days after the application notice is filed, unless the Court orders otherwise.
            (5) Application notices, the witness statement evidence in support and the draft order must be served by the applicant on each respondent:
            (a) as soon as practicable after it is filed; and
            (b) except where another time limit is specified in these Rules or a relevant practice direction, and where the Court previously has set a hearing date for the application, at least 3 days before the hearing.
            (6) An application may be made without notice if this is permitted by a rule, a practice direction or is with the Court's permission. The Court's permission will be granted only where:
            (a) there is exceptional urgency;
            (b) it is otherwise desirable to do so in the interests of justice; or
            (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application.
            (7) This Rule does not require witness statement evidence to be filed if such already have been filed, nor to be re-served on a party upon whom such already have been served.
            (8) The Court may make directions as it considers appropriate in relation to any application that is filed, including in relation to its hearing.
            (9) Practice directions may set out the steps to be taken or evidence to be filed by persons or parties in relation to applications.
            Amended on December 11, 2017

          • 65. Service of application where application made without notice

            (1) Where the Court makes an order, whether granting or dismissing an application, a copy of the application notice and any witness statement evidence in support must, unless the Court orders otherwise, be served with the order on any party or other person against whom the order was made and against whom the order was sought.
            (2) On all applications made without notice, the applicant and those representing him must make full disclosure of any matter which, if the respondent was represented, the respondent would wish the Court to be aware of, including any possible defences that may be available to the respondent.
            (3) The order must contain a statement of the right to make an application to set aside or vary the order under paragraph (4).
            (4) A person who was not served with a copy of the application notice before an order was made may apply to have the order set aside or varied.
            Amended on December 11, 2017

          • 66. Applications to be disposed of without a hearing

            (1) The Court may deal with an application without a hearing if the parties agree as to the terms of the order or agree that the Court should dispose of the application without a hearing; or if the Court does not consider that a hearing would be appropriate.
            (2) Where the applicant or any respondent fails to attend the hearing of an application, the Court may proceed in his absence.

          • 67. Dismissal of totally without merit application

            If the Court dismisses an application (including an application for permission to appeal or for permission to apply for judicial review) and it considers that the application is without merit, the Court's order must record that fact.

            Amended on December 11, 2017

        • PART 9 PART 9 — Summary Judgment

          • 68. Grounds for summary judgment

            (1) The Court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if it considers —
            (a) that the claimant has no real prospect of succeeding on the claim or issue; or
            (b) that defendant has no real prospect of successfully defending the claim or issue; and
            (c) that there is no other compelling reason why the case or issue should be disposed of at trial.
            (2) An application for summary judgment may be made in accordance with the provisions in Part 8.
            (3) A claimant may not apply for summary judgment until the defendant against whom summary judgment is sought has filed an acknowledgment of service unless the Court gives permission, or a rule or relevant practice direction provides otherwise.
            (4) If a claimant applies for summary judgment before a defendant against whom the application is made has filed a defence, that defendant need not file a defence before the summary judgment hearing.

          • 69. Evidence for the purpose of a summary judgment hearing

            (1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must file the written evidence and serve a copy on every other party to the proceedings at least 7 days before the summary judgment hearing.
            (2) If the applicant wishes to rely on written evidence in reply, he must file the written evidence and serve a copy on every other party to the proceedings at least 3 days before the summary judgment hearing.
            (3) This rule does not require written evidence to be filed if it has already been filed; or to be served on a party on whom it has already been served.

          • 70. Court's power when it determines a summary judgment application

            When the Court determines a summary judgment application, it may give directions as to the filing and service of a defence and give further directions about the management of the case.

        • PART 10 PART 10 — Interim Remedies

          • 71. Orders for interim remedies

            (1) The Court may grant such interim remedies as are necessary in the interests of justice (whether in the particular case or more generally) including —
            (a) an interim injunction;
            (b) an interim declaration;
            (c) an order for;
            (i) the detention, inspection, custody or preservation of relevant property;
            (ii) the taking of a sample of or the carrying out of an experiment on or with relevant property;
            (iii) the sale of relevant property which is of a perishable nature or which for any other good reason it is desirable to sell quickly; and
            (iv) the payment of income from relevant property until a claim is decided;
            (d) an order authorising a person to enter any real property, land or building in the possession of a party to the proceedings for the purposes of carrying out an order under sub-paragraph (c);
            (e) an order under section 4 of the Torts (Interference with Goods) Act 1977 to deliver up goods;
            (f) an order (referred to as a "freezing injunction") restraining a party from removing from a particular jurisdiction assets located within that jurisdiction or from dealing with or removing from ADGM or any other jurisdiction any assets which are located there;
            (g) an order directing a party to provide information about the location of relevant property or assets or to provide information about relevant property or assets which are or may be the subject of an application for a freezing injunction;
            (h) an order (referred to as a "search order") under section 79 of the Regulations;
            (i) an order (referred to as an order for interim payment) under section 34 of the Regulations for payment by a defendant on account of any damages, debt or other sum (except costs) which the Court may hold the defendant liable to pay;
            (j) an order under section 35 of the Regulations;
            (k) an order under section 36 of the Regulations;
            (l) an order under section 37 of the Regulations;
            (m) an order for a specified fund to be paid into Court or otherwise secured, where there is a dispute over a party's right to the fund;
            (n) an order permitting a party seeking to recover personal property to pay money into Court pending the outcome of the proceedings and directing that, if he does so, the property shall be given to him;
            (o) an order directing a party to prepare and file accounts relating to the dispute; and
            (p) an order directing any account to be taken or inquiry to be made by the Court.
            (2) In paragraph (1), "relevant property" means property, including real property, which is the subject of a claim or as to which any question may arise on a claim.
            (3) The fact that a particular kind of interim remedy is not listed in paragraph (1) does not affect any power that the Court may have to grant that remedy.
            (4) The Court may grant an interim remedy whether or not there has been a claim for a final remedy of that kind.
            Amended on December 11, 2017

          • 72. Timing and other considerations for an order for an interim remedy

            (1) An order for an interim remedy may be made at any time.
            (2) Paragraph (1) is subject to any rule, practice direction, ADGM enactment or any other applicable enactment which provides otherwise.
            (3) Where a person wishes to apply for an interim remedy before a claim has been made, the application must be made in accordance with Part 8 of these Rules.
            (4) The Court may grant an interim remedy before a claim has been made only if the matter is urgent or it is otherwise desirable to do so in the interests of justice.
            (5) Unless the Court otherwise orders, a defendant may not apply for any of the orders listed in Rule 71 before he has filed an acknowledgment of service.
            (6) Where it grants an interim remedy before a claim has been commenced, the Court may give directions regarding the claim to be commenced; but the Court need not direct that a claim be commenced where the application is made under section 36 of the Regulations.
            (7) Where a party wishes to apply for an interim remedy but the remedy is sought in relation to proceedings which are taking place, or will take place, outside the jurisdiction or the application is made under section 36 of the Regulations before a claim has been commenced, the application must be made in accordance with Part 8 of these Rules.
            (8) Where a person makes an application under sections 36 and 37 of the Regulations, the evidence in support of such an application must show, if practicable by reference to any statement of case prepared in relation to the proceedings or anticipated proceedings, that the property —
            (a) is or may become the subject matter of such proceedings; or
            (b) is relevant to the issues that will arise in relation to such proceedings.
            Amended on December 11, 2017

          • 73. Interim payments

            (1) The claimant may not apply for an interim payment before the end of the period for filing and serving the acknowledgment of service applicable to the defendant against whom the application is made.
            (2) The claimant may make more than one application for an order for an interim payment.
            (3) The Court may order an interim payment in one sum or in instalments.
            (4) The Court may only make an order for an interim payment where any of the following conditions are satisfied —
            (a) the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;
            (b) the claimant has obtained judgment against the defendant for damages to be assessed or for a sum of money (other than costs) to be assessed;
            (c) if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment;
            (d) the claimant is seeking an order for possession of real property (whether or not any other order is also sought) and the defendant would be held liable if the case went to trial (even if the claim for possession fails) to pay the claimant a sum of money for the defendant's occupation and use of the real property while the claim for possession was pending; or
            (e) in a claim in which there are two or more defendants and the order is sought against any one or more of those defendants —
            (i) the claimant would, if the claim went to trial, obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants (but the Court cannot determine which); and
            (ii) all the defendants are either a defendant that is insured in respect of the claim or a defendant that is a public authority.
            (5) In paragraph (4)(e)(ii), a "public authority" means ADGM or Emirate public or statutory undertaking, any ADGM Authority, any government department and any government department and any person holding office under His Highness, including the Board.
            (6) The Court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment and must take into account contributory negligence and any relevant set-off or counterclaim.
            Amended on February 25, 2019

          • 74. Powers of Court where it has made an order for interim payment

            (1) Where a defendant has been ordered to make an interim payment, or has in fact made an interim payment, the Court may make an order to adjust the interim payment.
            (2) The Court may make an order under this Rule without an application by any party if it makes the order when it disposes of the claim or any part of it.
            (3) Where a defendant has made an interim payment and the amount of the payment is more than his total liability under the final judgment or order, the Court may award him interest on the overpaid amount from the date he made the interim payment.

        • PART 11 PART 11 — Security For Costs

          • 75. Security for costs

            (1) A defendant to any claim may apply for security for costs of the proceedings under the conditions set out in any relevant practice direction or any ADGM enactment that permits the Court to require security for costs.
            (2) Where the Court makes an order for security for costs, it will determine the amount of security and direct the manner in which and the time within which the security must be given
            (3) The Court may make an order for security for costs under this Rule if it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order.
            (4) The defendant may seek an order against someone other than the claimant, and the Court may make an order for security for costs against that person if it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order.
            Amended on June 1, 2017

          • 76. Security for costs of an appeal

            (1) The Court may order security for costs of an appeal against an appellant and a respondent who also appeals on the same grounds as it may order security for costs against a claimant under Rule 75.
            (2) The Court may also make an order under paragraph (1) where the appellant, or the respondent who also appeals, is a limited company and there is reason to believe that it will be unable to pay the costs of the other parties to the appeal should its appeal be unsuccessful.
            (3) Any security for costs lodged by a claimant, an appellant or a respondent who also appeals will be dealt with by the Registrar in accordance with any relevant practice direction or with the directions of the Court.

        • PART 12 PART 12 — Case Management

          • 77. Directions

            (1) If a defendant files a defence, and if the circumstances of the case so require, a Court officer will issue each party with a notice which will specify any matter to be complied with by the date specified in the notice (the "specified date") and/or may require the parties to file a completed directions questionnaire, serve copies on all other parties and file proposed directions by the specified date.
            (2) Where there are two or more defendants and at least one of them files a defence, and if the circumstances of the case so require, the Court will issue a notice under paragraph (1) when all the defendants have filed a defence or when the period for the filing and serving of the last defence has expired, whichever is the sooner.
            (3) Where a notice is issued under paragraph (1), the specified date may not be varied by agreement between the parties.
            (4) If a party does not comply with the notice by the specified date, the Court will make such order as it considers appropriate.
            (5) Where the Court makes an order under paragraph (4), a party who was in default will not normally be entitled to an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the Court thinks it unjust to do so, be ordered to pay the costs that the default caused to any other party.
            Amended on June 20, 2018
            Amended on February 25, 2019
            Amended on July 9 2020

          • 78. Stay to allow for settlement of the case

            (1) A party may, when filing the completed directions questionnaire, make a written request for the proceedings to be stayed while the parties try to settle the case by alternative dispute resolution or other means.
            (2) If all parties request a stay, the proceedings will be stayed for one month and the Court will notify the parties accordingly.
            (3) If the Court otherwise considers that such a stay would be appropriate, the Court will direct that the proceedings, either in whole or in part, be stayed for such period as it considers appropriate.
            (4) The Court may extend the stay until such date or for such specified period as it considers appropriate.

          • 79. Case management conference

            (1) The Court will hold an initial case management conference in accordance with the relevant practice direction and fix the trial date a timetable for the conduct of the case including if possible the appointment of trial dates or provisional trial dates, or, if that is not practicable, fix as much of the pre-trial timetable as possible.
            (2) The Court may, upon the request of a party or on its own initiative, convene a case management conference at any time during the proceedings to facilitate the effective management of the case.
            (3) When the Court fixes the trial dates or provisional trial dates, it will give notice to the parties of those dates.
            Amended on February 25, 2019
            Amended on July 9 2020

          • 80. Steps taken by the parties

            (1) The parties must endeavour to agree appropriate directions for the management of the proceedings, and submit agreed directions or their respective proposals to the Court before any case management conference in accordance with any relevant practice direction.
            (2) The Court will notify the parties where the Court approves agreed directions, or issues its own directions, and the case management conference will be vacated.

          • 81. Variation of case management timetable

            (1) In accordance with the relevant practice direction:
            (a) where they are agreed that the timetable should be adjusted, the parties may jointly seek a variation of any of the dates fixed by the Court under Rule 79;
            (b) failing agreement, and subject to sub-paragraph (c) below, a party may seek a variation of any of the dates fixed by the Court under Rule 79;
            (c) if, failing agreement, a party wishes to seek a variation to any of the dates fixed by the Court under Rule 79 that will affect or have a consequential impact on the dates fixed for a hearing or a trial, that party must make an application to the Court.
            Amended on February 25, 2019

          • 82. Pre-trial check list

            (1) The Court will send the parties a pre-trial check list for completion and return unless it considers that the claim can proceed to trial without the need for the pre-trial check list.
            (2) Each party must file the completed pre-trial check list by the date specified in the relevant practice direction or by the Court.
            (3) If, on receipt of the parties' pre-trial check list, the Court decides to hold a pre-trial review or to cancel a pre-trial review which has already been fixed, it will issue a notice of its decision on the parties.
            Amended on February 25, 2019

          • 83. Setting a trial timetable

            (1) As soon as practicable after each party has filed a completed pre-trial check list or the Court has held a pre-trial review, the Court may —
            (a) set a timetable for the trial, unless a timetable has already been fixed or the Court considers that it would be inappropriate to do so; and/or
            (b) confirm the date for trial.
            Amended on February 25, 2019

          • 84. Transfer of proceedings

            (1) The Court of First Instance may, upon the application of any party to the proceedings or of its own initiative, order proceedings in any Division of that Court to be transferred to another Division.
            (2) Where the Court orders proceedings to be transferred, it will give notice of that transfer to all the parties.
            (3) An order made before the transfer of the proceedings shall not be affected by the order to transfer.

        • PART 13 PART 13 — Disclosure And Inspection Of Documents

          • 85. Scope of disclosure

            (1) The following rules about disclosure and inspection of documents apply to all proceedings and claims brought in the Courts.
            (2) A party discloses a document by stating by way of a disclosure statement that the document exists or has existed.

          • 86. Order for disclosure

            (1) Pursuant to and except as provided by practice directions, the Court can make an order for disclosure in relation to any documents it considers relevant to the subject of the proceedings at any time prior to or after the commencement of proceedings.
            (2) An order to give disclosure is an order to give standard disclosure unless the Court directs otherwise.
            (3) Standard disclosure requires a party to disclose all the documents on which he will rely at trial, except for documents that have already been submitted by another party.
            (4) The Court may dispense with or limit standard disclosure; and the parties may agree in writing to dispense with or limit standard disclosure.
            (5) The Court may make an order for further or specific disclosure or for inspection of documents in the possession of any party, if it is satisfied that it is appropriate that it should do so.
            Amended on December 11, 2017

          • 87. Duties where disclosure required

            (1) When giving disclosure, a party is required to make a reasonable search for documents falling within the terms of the order.
            (2) A party's duty to disclose documents is limited to documents which are or have been in his control.
            (3) Any duty of disclosure continues until proceedings are concluded, and if documents to which that duty extends come to a party's notice at any time during the proceedings he must immediately notify every other party.
            Amended on December 11, 2017

          • 88. Order against a non-party

            (1) Where an application is made to the Court under any ADGM enactment for disclosure by a person who is not a party to the proceedings, the application must be supported by evidence and served according to practice directions.
            (2) The Court may make an order under this Rule only where the documents of which disclosure is sought are likely to support the applicant's case, or adversely affect the case of one of the other parties to the proceedings and disclosure is necessary in order to dispose fairly of the claim.
            Amended on July 9 2020

          • 89. Use of disclosed documents

            (1) Except as provided by practice directions, a party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed.
            (2) The Court may make an order restricting or prohibiting the use of any document which has been disclosed.

          • 90. Right of inspection

            (1) A party may inspect any document which is referred to in an opposite party's statement of case and is under the control of that party.
            (2) A party to whom a document has been disclosed has a right to inspect that document except where the document or a copy of it is no longer in the control of the party who disclosed it, or the party disclosing the document has a right or a duty to withhold inspection of it, including (without limitation) privileged documents.
            (3) Where a party considers that he has a right or a duty, including (without limitation) as to privilege, to withhold inspection of a document or part of a document, he is not required to permit inspection of that document or part of that document; but he must state in his disclosure statement that inspection of the whole or part of that document will not be permitted, that he has a right or a duty to withhold inspection; and the grounds on which he relies.
            (4) Where a party inadvertently allows a privileged document to be inspected, the party who has inspected the document may only use it or its contents with the Court's permission.

          • 91. Failure to disclose or to permit inspection

            (1) A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the Court gives permission.
            (2) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false disclosure statement, without honest belief in its truth.

        • PART 14 PART 14 — Evidence

          • 92. Power of the Court to control evidence

            (1) The Court may control evidence by giving directions as to the issues on which it requires evidence, the nature of the evidence which it requires to decide those issues and the way in which the evidence is to be placed before the Court.
            (2) The Court may use its power under this Rule to exclude evidence that would otherwise be admissible.
            (3) The Court may limit cross-examination.

          • 93. Evidence of witnesses

            (1) The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved at trial by their oral evidence given in public; and at any other hearing, by their evidence in writing in the form of a witness statement under Rule 94 or an affidavit under Rule 104, as applicable.
            (2) This Rule is subject to any provision to the contrary contained in these Rules or elsewhere and to any order of the Court.
            (3) The Court may give directions identifying or limiting the issues to which factual evidence may be directed, identifying the witnesses who may be called or whose evidence may be read and limiting the length or format of witness statements.
            (4) The Court may allow a witness to give evidence through a video link or by other means.

          • 94. Witness statements

            (1) The Court will order a party to serve on the other parties any witness statement of the oral evidence which the party serving the statement intends to rely on in relation to any issues of fact to be decided at the trial.
            (2) If a party has served a witness statement and he wishes to rely at trial on the evidence of the witness who made the statement, he must call the witness to give oral evidence unless the Court orders otherwise or he puts the statement in as hearsay evidence.
            (3) Where a witness is called to give oral evidence under paragraph (1), his witness statement shall stand as his evidence in chief unless the Court orders otherwise.

          • 95. Evidence in proceedings other than at trial

            (1) Subject to paragraph (2), the general rule is that evidence at hearings other than the trial is by witness statement unless the Court, a practice direction or any other ADGM enactment requires otherwise.
            (2) At hearings other than the trial, a party may rely on the matters set out in his statement of case or his application notice if the statement of case or application notice is verified by a statement of truth.

          • 96. Order for cross-examination

            (1) Where, at a hearing other than the trial, evidence is given in writing, any party may apply to the Court for permission to cross-examine the person giving the evidence.
            (2) If the Court gives permission under paragraph (1) but the person in question does not attend as required by the order, his evidence may not be used without the Court's permission.

          • 97. Witness statements, exhibits and witness summaries

            (1) A witness statement must comply with the requirements as to form set out in any relevant practice direction.
            (2) Any alteration to a witness statement must be initialled by the person making the statement or by the authorised person where appropriate.
            (3) A witness statement which contains an alteration that has not been initialled may be used in evidence only with the Court's permission.
            (4) An exhibit used in conjunction with a witness statement should be verified and identified by the witness and remain separate from the witness statement.
            (5) Where a witness statement or an exhibit to a witness statement does not comply with this Part or the provisions of the relevant practice direction in relation to its form, the Court may refuse to admit it as evidence and may refuse to allow the costs arising from its preparation.

          • 98. Filing of witness statements and exhibits

            (1) Unless the Court directs otherwise, a party must file a witness statement.
            (2) Where a party wishes to file a witness statement in a language other than English, or the Court has directed that a witness statement in a language other than English is to be filed, the party wishing to rely on it must have it translated into English and file the witness statement in its original language and a certified English translation with the Court.
            Amended on July 9 2020

          • 99. Witness summaries

            (1) A party who is required to serve a witness statement for use at trial but is unable to obtain one may apply, without notice, for permission to serve a witness summary instead.
            (2) A witness summary is a summary of the evidence, if known, which would otherwise be included in a witness statement; or, if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.
            (3) Unless the Court orders otherwise, a witness summary must be served within the period in which a witness statement would have had to be served.

          • 100. Consequences of failure to file or serve a witness statement or witness summary

            (1) If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the Court, then the witness may not be called to give oral evidence unless the Court gives permission.
            (2) If a witness statement for use in proceedings other than at trial is not filed in respect of an intended witness within the time specified by the Court, these Rules, a relevant practice direction or any relevant ADGM enactment, the witness statement may not be admitted as evidence (including hearsay evidence) or referred to any hearing without the Court's permission, and the Court may refuse to admit is as evidence until such time as it is served on the other parties to the proceedings.

          • 101. Cross-examination on a witness statement

            Where a witness is called to give evidence at trial, he may be cross-examined on his witness statement whether or not the statement or any part of it was referred to during the witness's evidence in chief.

          • 102. Use of witness statements for other purposes

            (1) Except as provided by this Rule, a witness statement may be used only for the purpose of the proceedings in which it is served.
            (2) Paragraph (1) does not apply, if and to the extent that the witness gives his written consent to some other use of his witness statement, the Court gives permission for some other use or the statement has been put into evidence at a public hearing.

          • 103. Availability of witness statements for inspection

            (1) A witness statement which stands as evidence in chief is open to inspection during the course of proceedings unless the Court orders otherwise.
            (2) Any person may ask for a direction that a witness statement is not open to inspection, but the Court will not make such a direction unless it is satisfied that a witness statement should not be open to inspection because of the interests of justice, the public interest, the nature of any expert evidence in the statement or the nature of any confidential information in it (including information relating to personal financial matters).
            (3) The Court may exclude from inspection words or passages in the statement.

          • 104. Affidavit evidence

            (1) Evidence must be given by affidavit instead of, or in addition to, a witness statement if this is required by the Court, a provision contained in any other rule, a practice direction or any other ADGM enactment.
            (2) An affidavit must comply with the requirements as to the form set out in the relevant practice direction.
            (3) An affidavit may, with the leave of the Court, be used subject to any direction the Court may make in accordance with the rules of evidence despite any irregularity in form.
            (4) An affidavit must include a statement which verifies the identity of the deponent and be signed by the person before whom it was sworn or affirmed.
            (5) Any alteration to an affidavit must be initialled by both the deponent and the person before whom the affidavit was sworn or affirmed.
            (6) Rules 97 and 98 apply to affidavits and exhibits to affidavits as they do to witness statements and exhibits to witness statements.
            Amended on July 9 2020
            Amended on June 1, 2017

          • 105. Who may take affidavits

            Only the following may take affidavits –
            (a) a public notary in accordance with section 221 of the Regulations;
            (b) subject to paragraph (2) –
            (i) a Judge of the Court;
            (ii) the Registrar;
            (iii) a lawyer;
            (iv) a Court officer appointed by the Registrar for that purpose; and
            (c) any person who may take an affidavit in accordance with Rule 107.
            Amended on July 9 2020

          • 106. Filing of affidavits

            If an affidavit is in a language other than English, the party wishing to rely on it must have it translated into English and must file the affidavit in its original language and a certified translation with the Court.

            Amended on July 9 2020

          • 107. Affidavit made outside the jurisdiction

            A person may make an affidavit outside the jurisdiction in accordance with this Part before a person who may take an affidavit under the law of the place where he makes the affidavit.

          • 108. Circumstances where affidavit required

            (1) Affidavits must be used as evidence where sworn or affirmed evidence is required by an order, or a rule, practice direction or other ADGM enactment.
            (2) Affidavits must also be used in any application for a search order, a freezing injunction; an order requiring an occupier to permit another to enter his real property; or a declaration and/or order for a fine for contempt of Court.
            (3) If a party believes that sworn or affirmed evidence is required by a Court in another jurisdiction for any purpose connected with the proceedings, he may apply to the Court for a direction that evidence shall be given only by affidavit on any pre-trial applications.
            (4) The Court may give a direction under paragraph (1) that evidence shall be given by affidavit instead of or in addition to a witness statement or statement of case on its own initiative; or after any party has applied to the Court for such a direction.
            Amended on July 9 2020

          • 109. Notice to admit facts

            (1) A party may serve notice on another party requiring him to admit the facts, or the part of the case of the serving party, specified in the notice.
            (2) Where the other party makes any admission in response to the notice, the admission may be used against him only in the proceedings in which the notice to admit is served and by the party who served the notice.
            (3) The Court may allow a party to amend or withdraw any admission made by him on such terms as it thinks just.

          • 110. Notice to admit or produce documents

            (1) A party shall be deemed to admit the authenticity of a document disclosed to him under Rule 109 unless he serves notice that he wishes the document to be proved at trial.
            (2) A notice to prove a document must be served by the latest date for serving witness statements or within 7 days of disclosure of the document, whichever is the later.

          • 111. Notarial acts and instruments

            A notarial act or instrument may be received in evidence without further proof as duly authenticated in accordance with the requirements of law unless the contrary is proved.

          • 112. Notice of intention to rely on hearsay evidence

            (1) Where a party intends to rely on hearsay evidence at trial and either that evidence is to be given by a witness giving oral evidence or that evidence is contained in a witness statement of a person who is not being called to give oral evidence, that party complies with section 56 of the Regulations by serving a witness statement on the other parties in accordance with the Court's order.
            (2) Where the witness is not being called to give oral evidence, the party intending to rely on the hearsay evidence must, when he serves the witness statement inform the other parties that the witness is not being called and give the reason why that is so.
            (3) In all other cases, where a party intends to rely on hearsay evidence at trial, that party complies with section 56 of the Regulations by serving a notice on the other parties in accordance with the relevant practice direction; and which identifies the hearsay evidence, states that the party serving the notice proposes to rely on the hearsay evidence at trial; and gives the reason why the witness will not be called.

          • 113. When notice of intention to rely on hearsay evidence is not required

            Section 56 of the Regulations does not apply to evidence at hearings other than trials, to an affidavit or witness statement which is to be used at trial but which does not contain hearsay evidence or where the requirement is excluded by a practice direction.

          • 114. Power to call witness for cross-examination on hearsay evidence

            Where a party proposes to rely on hearsay evidence and does not propose to call the person who made the original statement to give oral evidence, the Court may, on the application of any other party in accordance with the relevant practice direction, permit that party to call the maker of the statement to be cross-examined on the contents of the statement.

          • 115. Credibility

            Where a party proposes to rely on hearsay evidence but does not propose to call the person who made the original statement to give oral evidence and another party wishes to call evidence to attack the credibility of the person who made the statement, the party who so wishes must give notice of his intention in accordance with the relevant practice direction to the party who proposes to give the hearsay statement in evidence.

          • 116. Use of plans, photographs and models as evidence

            (1) This Rule applies to evidence which is not contained in a witness statement, affidavit or expert's report, is to be given orally at trial and is evidence of which prior notice must be given under rule 112(3).
            (2) It applies also to documents which may be received in evidence without further proof under section 65 of the Regulations.
            (3) Unless the Court orders otherwise, the evidence shall not be receivable at trial unless the party intending to put it in evidence has given notice to the other parties in accordance with the relevant practice direction.
            (4) Where a party has given notice that he intends to put in evidence under this Rule, he must give every other party an opportunity to inspect it and to agree to its admission without further proof.
            Amended on June 1, 2017

          • 117. Evidence of finding on question of foreign law

            (1) This Rule sets out the procedure which must be followed by a party who intends to put in evidence a finding on a question of foreign law by virtue of section 73 of the Regulations.
            (2) That party must give any other party notice of his intention in accordance with the relevant practice direction, and the notice must specify the question on which the finding was made and enclose a copy of a document where it is reported or recorded.

          • 118. Evidence of consent of trustee to act

            A document purporting to contain the written consent of a person to act as trustee and to bear his signature verified by some other person is evidence of such consent.

        • PART 15 PART 15 — Witnesses And Depositions

          • 119. Scope and interpretation

            (1) The following Rules provide for the circumstances in which a party may be required to attend Court to give evidence or produce a document, and for a party to obtain evidence before a hearing to be used at the hearing.
            (2) The reference to a hearing in paragraph (1) includes reference to the trial.

          • 120. Witness summons

            (1) An application for a witness summons must be made in accordance with the relevant practice direction.
            (2) A witness summons is a document issued by the Court requiring a witness to attend Court to give evidence or to produce documents to the Court either on the date fixed for a hearing or on such date as the Court may direct.
            (3) There must be a separate witness summons for each witness.
            (4) The only documents that a summons under this Rule can require a person to produce before a hearing are documents which that person could be required to produce at the hearing.
            Amended on July 9 2020

          • 121. Issue of a witness summons

            (1) A witness summons may only be issued by the Court, and is issued on the date entered on the summons by the Court.
            (2) A party must obtain the Court's permission where he wishes to —
            (a) in the case of a witness domiciled or resident in the UAE (including ADGM), have a summons issued less than 7 days before the date of the trial;
            (b) in the case of a witness domiciled or resident in any other jurisdiction, have a summons issued less than 21 days before the date of the trial; or
            (c) have a summons issued for a witness to attend Court to give evidence or to produce documents on any date except the date fixed for the trial, or at any hearing except the trial.
            (3) The Court may set aside or vary a witness summons issued under this Rule.

          • 122. Witness summons in aid of inferior court, of tribunal or of a panel

            (1) The Court may issue a witness summons in aid of an inferior court, of a tribunal or of a panel and may set aside or vary a witness summons issued under Rule 121(1).
            (2) In paragraph (1) of this Rule, “inferior court, tribunal or panel” means any court, tribunal or panel in the United Arab Emirates that does not have power to issue a witness summons in relation to proceedings before it.
            Amended on July 9 2020

          • 123. Serving a witness summons

            (1) A witness summons must be served personally on the addressee by the party on whose behalf it is issued and the issuing party must serve a copy of a witness summons on each other party to the proceedings as soon as practicable after the summons has been served on the addressee.
            (2) Unless a rule or a relevant practice direction provides otherwise, a witness summons is binding if it is served in accordance with the relevant practice direction.
            (3) A witness summons which is served in accordance with these Rules and requires the witness to attend Court, an inferior court, a tribunal or a panel to give evidence is binding until the conclusion of the hearing at which the attending of the witness is required.

          • 124. Right of witness to travelling expenses and compensation

            At the time of service of a witness summons, the witness must be offered or paid a sum reasonably sufficient to cover his expenses in travelling to and from the Court and such sum by way of compensation for loss of time as may be specified in a relevant practice direction and for costs otherwise incurred in compliance with a witness summons.

          • 125. Evidence by deposition

            (1) A party may apply for an order for a person to be examined before the hearing takes place (an "examination order").
            (2) Evidence obtained following an examination order is referred to as a "deposition".
            (3) An examination order shall be for a deponent to be examined on affirmation before —
            (a) a Judge;
            (b) the Registrar;
            (c) an examiner of the Court appointed by the Registrar in accordance with the relevant practice direction;
            (d) a lawyer; or
            (e) such other person as the Court appoints.
            (4) The examination order may require the production of any document which the Court considers is necessary for the purpose of the examination and must state the date, time and place of the examination.
            (5) At the time of service of the examination order, the deponent must be offered or paid a sum reasonably sufficient to cover his expenses in travelling to and from the place of examination and such sum by way of compensation for loss of time as may be specified in a relevant practice direction.
            (6) Where the Court orders a deposition to be taken, it may also order the party who obtained the examination order to serve a witness statement or witness summary in relation to the evidence to be given by the deponent

          • 126. Conduct of examination

            (1) Subject to any directions contained in the examination order, the examination must be conducted in the same way as if the witness were giving evidence at trial.
            (2) If all the parties are present, the examiner may conduct the examination of a person not named in the examination order if all the parties and the person to be examined consent.
            (3) The examiner may conduct the examination in private if he considers it appropriate to do so.
            (4) The examiner must ensure that the evidence given by the witness is recorded and transcribed in full, and must send a copy of the deposition to the person who obtained the examination order, to the deponent, to each of the other parties to the proceedings and to the Court.

          • 127. Enforcing attendance of deponent

            (1) If a deponent served with an examination order fails to attend the deposition or refuses to take an affirmation for the purposes of the examination or to answer any lawful question or produce any document at the examination, a certificate of his failure or refusal, signed by the examiner, must be filed by the party requiring the deposition.
            (2) On the certificate being filed, the party requiring the deposition may apply to the Court, without notice, for an order requiring that deponent to attend or to affirm or to answer any lawful question or produce any document, as the case may be.
            (3) The Court may order the deponent against whom an order is made under paragraph (2) of this Rule to pay any costs resulting from his failure or refusal.

          • 128. Use of deposition at a hearing

            (1) A deposition ordered under Rule 125 may be given in evidence at a hearing unless the Court orders otherwise.
            (2) A party intending to put in evidence a deposition at a hearing must serve notice of his intention to do so on every other party.
            (3) The Court may require a deponent to attend the hearing and give evidence orally.
            (4) Where a deposition is given in evidence at trial, it shall be treated as if it were a witness statement for the purposes of Rule 94.
            Amended on June 1, 2017

          • 129. Restrictions on subsequent use of deposition, regarding the deponent's or any other assets, taken for the purpose of any hearing except the trial

            (1) Subject to paragraph (2), where the Court orders a party to be examined about his or any other assets for the purpose of any hearing except the trial, the deposition may be used only for the purpose of the proceedings in which the examination order was made.
            (2) A deposition under this Rule may be used for some other purpose by the party who was examined or by another party if the party who was examined agrees or if the Court gives permission.

        • PART 16 PART 16 — Evidence From Foreign Courts

          • 130. Letter of request

            (1) Paragraphs (2) to (4) apply where a party wishes to take a deposition from a person who is out of the jurisdiction and not in a Convention State within the meaning of Rule 136(2).
            (2) The Court of First Instance may order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is and make such an order in relation to inferior court proceedings.
            (3) A letter of request is a request to a judicial authority to take the evidence of that person, or arrange for it to be taken.
            (4) If the government of a country allows a person appointed by the Court of First Instance to examine a person in that country, the Court of First Instance may make an order appointing a special examiner for that purpose.
            (5) A person may be examined under this Rule on affirmation or in accordance with any procedure permitted in the country in which the examination is to take place.
            (6) If the Court of First Instance makes an order for the issue of a letter of request, the party who sought the order must file the documents set out in a relevant practice direction and, except as provided by a relevant practice direction, a translation of them, and an undertaking to be responsible for any expenses incurred by the Board or its Chairman.

          • 131. Evidence for Foreign Courts

            (1) The following rules apply to an application for an order under Chapter 4 of Part 5 of the Regulations, other than an application made as a result of a request by a court in another Convention State, and "foreign assistance order" shall be construed accordingly.
            (2) In paragraph (1) of this Rule "Convention State" has the same meaning as in Rule 136(2).

          • 132. Application for foreign assistance order

            An application for a foreign assistance order must be made in accordance with the relevant practice direction and may be made without notice.

          • 133. Examination

            (1) The Court may order an examination under this Part to be taken before any fit and proper person nominated by the person applying for the foreign assistance order, an examiner of the Court or any other person whom the Court considers suitable.
            (2) Unless the Court orders otherwise the examination will be taken as provided by Rule 126, and Rule 127 applies.

          • 134. Dealing with deposition

            (1) The examiner must send the deposition to the Registrar unless the Court orders otherwise.
            (2) The Registrar will give a certificate sealed with the seal of the Courts for use out of the jurisdiction identifying the following documents —
            (a) the request;
            (b) the foreign assistance order of the Court for examination; and
            (c) the deposition.
            (3) The Registrar will send the certificate and the documents referred to in paragraph (2) to the [Chairman of the Board] or, where the request was sent to the Registrar by another person, to that other person for transmission to the foreign court or tribunal requesting the examination

          • 135. Claim to privilege

            (1) This Rule applies where a witness claims to be exempt from giving evidence on the ground specified in section 76(1)(b) of the Regulations, and that claim is not supported or conceded as referred to in section 76(2) of the Regulations.
            (2) The examiner may require the witness to give the evidence which he claims to be exempt from giving and, where the examiner does not require the witness to give that evidence, the Court may order the witness to do so.
            (3) An application for an order under paragraph (2) may be made by the person who obtained the foreign assistance order under section 75 of the Regulations.
            (4) Where such evidence is taken it must be contained in a document separate from the remainder of the deposition, and the examiner will send to the Registrar the deposition and a signed statement setting out the claim to be exempt and the ground on which it was made.
            (5) On receipt of the statement referred to in paragraph (4), the Registrar will retain the document containing the part of the deposition to which the claim to be exempt relates and send the statement and a request to determine that claim to the foreign court or tribunal, together with the documents referred to in Rule 134(2).
            (6) The Registrar will, if the claim to be exempt is rejected by the foreign court or tribunal, send the document referred to in paragraph (5) to that foreign court or tribunal; or if the claim is upheld, send the document to the deponent.
            (7) In either case, the Registrar will notify the deponent and the person who obtained the foreign assistance order under section 75 of the Regulations of the foreign court or tribunal's decision.
            Amended on June 1, 2017

          • 136. Taking of Evidence — Scope and interpretation

            (1) Nothing in this Section of this Part shall affect, limit, alter, or be construed as in conflict with any provision of either the GCC Convention or the Riyadh Convention.
            (2) In this Section of this Part, "Convention State" means a country which is a signatory to the GCC Convention and/or the Riyadh Convention.
            Amended on June 1, 2017

          • 137. Where a person to be examined is in another Convention State

            (1) This Rule applies where a party wishes to take a deposition from a person who is in another Convention State.
            (2) The Court may order the issue of a request —
            (a) in the case of the GCC Convention, to the competent authority; or
            (b) in the case of the Riyadh Convention, to the competent body ("the requested court") in the Convention State in which the proposed deponent is.
            (3) If the Court makes an order for the issue of a request, the party who sought the order must file the documents set out in the relevant practice direction and, except as provided by a relevant practice direction —
            (a) a translation of the documents;
            (b) an undertaking to be responsible for costs sought by the requested court in relation to fees paid to experts and interpreters and, where requested by that party, the use of any special procedures or communications technology; and
            (c) an undertaking to be responsible for the Court's expenses.
            Amended on June 1, 2017

          • 138. Evidence for courts of other Convention States

            (1) This Rule applies where —
            (a) in the case of the GCC Convention, a competent authority; and
            (b) in the case of the Riyadh Convention, a competent body in another Convention State ("the requesting court"),
            issues a request for evidence to be taken from a person who is in the jurisdiction.
            (2) An application for an order for evidence to be taken under this Rule must be made to the Court of First Instance and must be accompanied by the documents set out in any relevant practice direction.
            (3) An application for an order for evidence to be taken under this Rule may be made without notice.
            (4) Rule 133 applies to an examination under this Rule.
            (5) The examiner must send the deposition to the Court for transmission to the requesting court, and a copy of the deposition to the person who obtained the order for evidence to be taken under this Rule.
            Amended on June 1, 2017

        • PART 17 PART 17 — Experts And Assessors

          • 139. Interpretation

            (1) In the following Rules —
            (a) a reference to an "expert" is a reference to a person who has been instructed to give or prepare expert evidence for the purpose of proceedings; and
            (b) "single joint expert" means an expert instructed to prepare a report for the Court on behalf of two or more of the parties (including the claimant) to the proceedings.

          • 140. Expert's overriding duty to the Court

            (1) It is the duty of experts to help the Court on matters within their expertise.
            (2) This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.

          • 141. Expert's report

            (1) Expert evidence is to be given in a written report unless the Court directs otherwise.
            (2) An expert's report must comply with the requirements set out in any relevant practice direction, must state at the end that the expert understands and has complied with his duty to the Court and must state the substance of all material instructions, whether written or oral, on the basis of which the report was written; and such instructions shall not be privileged against disclosure.
            (3) Where a party has disclosed an expert's report, any party may use that expert's report as evidence at the trial.
            (4) A party who fails to disclose an expert's report may not use the report at the trial or call the expert to give evidence orally unless the Court gives permission.

          • 142. Expert evidence

            (1) Expert evidence shall be restricted to that which is reasonably required to resolve the proceedings.
            (2) No party may call an expert or put in evidence an expert's report without the Court's permission.
            (3) The order granting permission should specify the particular issues which the expert evidence should address.
            (4) The Court may, on application of a party or on its own motion, appoint an expert.

          • 143. Written questions to experts

            (1) A party may put written questions about an expert's report (which must be proportionate) to an expert instructed by another party or a single joint expert.
            (2) An expert's answers to questions put in accordance with paragraph (1) shall be treated as part of the expert's report.
            (3) Where a party has put a written question to an expert instructed by another party and the expert does not answer that question, the Court may make one or both of the following orders in relation to the party who instructed the expert —
            (a) that the party may not rely on the evidence of that expert; or
            (b) that the party may not recover the fees and expenses of that expert from any other party.

          • 144. Court's power to direct that evidence is to be given by a single joint expert

            (1) Where two or more parties wish to submit expert evidence on a particular issue, the Court may direct that the evidence on that issue is to be given by a single joint expert.
            (2) Where the parties who wish to submit the evidence ("the relevant parties") cannot agree who should be the single joint expert, the Court may select the expert or direct that the expert be selected in such other manner as the Court may direct

          • 145. Instructions to a single joint expert

            (1) Where the Court gives a direction under Rule 144 for a single joint expert to be used, any relevant party may give instructions to the expert.
            (2) When a party gives instructions to the expert that party must, at the same time, send a copy to the other relevant parties.
            (3) Unless the Court otherwise orders, the relevant parties are jointly and severally liable for the payment of the expert's fees and expenses.

          • 146. Power of Court to direct a party to provide information

            (1) Where a party has access to information which is not reasonably available to another party, the Court may direct the party who has access to the information to prepare and file a document recording the information and to serve a copy of the document on the other party.
            (2) The Court may direct the parties' experts to meet, and where possible, achieve agreement on any issue arising.

          • 147. Expert's right to ask Court for directions

            (1) Experts may file written requests for directions for the purpose of assisting them in carrying out their functions.
            (2) They must, unless the Court orders otherwise, provide copies of the proposed requests for directions under paragraph (1) to the party instructing them, at least 7 days before they file the requests; and to all other parties, at least 4 days before they file them.
            (3) The Court, when it gives directions under this Rule, may also direct that a party be served with a copy of the directions.
            Amended on June 1, 2017

          • 148. Assessors

            (1) This Rule applies where the Court appoints one or more persons under section 108 of the Regulations as an assessor.
            (2) An assessor will assist the Court in dealing with a matter in which the assessor has skill and expertise.
            (3) An assessor will take such part in the proceedings as the Court may direct, and in particular the Court may direct an assessor to prepare a report for the Court on any matter at issue in the proceedings and attend the whole or any part of the trial to advise the Court on any such matter.
            (4) If an assessor prepares a report for the Court before the trial has begun the Court will send a copy to each party, and the parties may use it at the trial.
            Amended on June 1, 2017

        • PART 18 PART 18 — Offers To Settle

          • 149. Scope

            (1) A party may make an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with Rule 154, it will not have the consequences specified in this Part.
            (2) In this Part —
            (a) "Part 18 offer" means an offer made pursuant to the procedure set out in this Part;
            (b) a "trial" means any trial in a case whether it is a trial of all issues or a trial of liability, quantum, or some other issue in the case;
            (c) a trial is "in progress" from the time when it starts until the time when judgment is given or handed down;
            (d) a case is "decided" when all issues in the case have been determined, whether at one or more trials;
            (e) "trial Judge" includes any Judge allocated in advance to conduct a trial; and
            (f) "the relevant period" means —
            (i) in the case of an offer made not less than 21 days before a trial, the period specified under Rule 154(2) or such longer period as the parties agree; or
            (ii) otherwise, the period up to the end of such trial.

          • 150. Application of Part 18 to appeals

            (1) Except where a Part 18 offer is made in appeal proceedings, it shall have the consequences set out in this Part only in relation to the costs of the proceedings in respect of which it is made, and not in relation to the costs of any appeal from a decision in those proceedings.
            (2) Where a Part 18 offer is made in appeal proceedings, references in this Part to a term in the first column below shall be treated, unless the context requires otherwise, as references to the corresponding term in the second column —

            Term Corresponding term
            Claim Appeal
            Counterclaim Cross-appeal
            Case Appeal proceedings
            Claimant Appellant
            Defendant Respondent
            Trial Appeal hearing
            Trial Judge Appeal Judge

          • 151. Restriction on disclosure of a Part 18 offer

            (1) A Part 18 offer will be treated as "without prejudice save as to costs".
            (2) The fact that a Part 18 offer has been made and the terms of such offer must not be communicated to the trial Judge until the case has been decided.
            (3) Paragraph (2) of this Rule does not apply —
            (a) where the defence of tender before claim has been raised;
            (b) where the proceedings have been stayed following the acceptance of a Part 18 offer;
            (c) where the offeror and offeree agree in writing that it should not apply; or
            (d) where, although the case has not been decided in full, any part of, or issue in, the case has been decided and the offer related only to the parts or issues that have been decided.
            (4) In a case to which paragraph (3)(d) applies, the trial Judge may be told whether or not there are Part 18 offers other than those referring to the parts or issues that have been decided, but must not be told the terms of any such offers unless any of paragraphs (3)(a) to (c) applies.
            (5) Paragraph (2) is without prejudice to Rule 78, and where a party requests a stay under that rule that party may inform the Court or the trial Judge, as the case may be, whether or not there is a Part 18 offer; but the parties must not inform the Court or the trial Judge, as the case may be, of the terms of any such offer or which party or parties made the offer and to whom the offer was made.

          • 152. Who may make a Part 18 offer and in respect of what may it be made

            (1) A Part 18 offer may be made by a claimant or a defendant in respect of the whole, or part of, or any issue that arises in a claim, counterclaim or other additional claim or an appeal or cross-appeal from a decision made at a trial.
            (2) The offer may be made at any time, including before the commencement of proceedings.
            (3) It is made when it is served on the offeree.

          • 153. Defendant's offer

            (1) Subject to Rules 164 and 165, a Part 18 offer by a defendant to pay a sum of money in settlement of a claim must be an offer to pay a single sum of money.
            (2) A defendant's offer that includes an offer to pay all or part of the sum at a date later than 14 days following the date of acceptance will not be treated as a Part 18 offer unless the offeree accepts the offer.

          • 154. Form and content of a Part 18 offer

            (1) A Part 18 offer must be in accordance with the prescribed form.
            (2) The offer must make clear that it is made pursuant to Part 18, must specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs in accordance with paragraphs (1) to (4) of Rule 161 if the offer is to be accepted; state whether it relates to the whole of the claim or to part of it or to an issue that arises in it and if so to which part or issue; and state whether it takes into account any counterclaim.
            (3) Paragraph (2) of this Rule does not apply if the offer is made less than 21 days before the start of a trial.
            (4) A Part 18 offer which offers to pay or to accept a sum of money will be treated as inclusive of all interest until the date on which the period specified under paragraph (2) expires or, if paragraph (3) applies, a date 21 days after the date the offer was made.

          • 155. Clarification of a Part 18 offer

            (1) The offeree may, within 7 days of a Part 18 offer being made, request the offeror to clarify the offer.
            (2) If the offeror does not give the clarification requested under paragraph (1) within 7 days of receiving the request, the offeree may, unless the trial has started, apply for an order that the offeror do so.
            (3) If the Court makes an order under paragraph (2), it must specify the date when the Part 18 offer is to be treated as having been made.
            Amended on June 1, 2017

          • 156. Withdrawing or changing the terms of a Part 18 offer

            (1) A Part 18 offer can only be withdrawn, or its terms changed, if the offeree has not previously served notice of acceptance.
            (2) The offeror withdraws the offer or changes its terms by serving written notice of the withdrawal or change of terms on the offeree, and, subject to Rule 157, such notice takes effect when it is served on the offeree.
            (3) Subject to paragraph (1), after the expiry of the relevant period the offeror may withdraw the offer or change its terms without the Court's permission or the offer may automatically be withdrawn in accordance with its terms.

          • 157. Withdrawal or change of terms of a Part 18 offer before the expiry of the relevant period

            (1) Subject to paragraph (1) of Rule 156, this Rule applies where the offeror serves notice before the expiry of the relevant period of withdrawal of the offer or change of its terms to be less advantageous to the offeree.
            (2) Where this Rule applies —
            (a) if the offeree has not served notice of acceptance of the original offer by the expiry of the relevant period, the offeror's notice has effect on the expiry of that period; and
            (b) if the offeree serves notice of acceptance of the original offer before the expiry of the relevant period, that acceptance has effect unless the offeror applies to the Court for permission to withdraw the offer or to change its terms within 7 days of the offeree's notice of acceptance, or if earlier, before the first day of trial.
            (3) On an application under paragraph (2)(b), the Court may give permission for the original offer to be withdrawn or its terms changed if satisfied that there has been a change of circumstances since the making of the original offer and that it is in the interests of justice to give permission.
            Amended on June 1, 2017

          • 158. Acceptance of a Part 18 offer

            (1) A Part 18 offer is accepted by serving written notice of acceptance on the offeror.
            (2) Subject to paragraphs (3) and (4), a Part 18 offer may be accepted at any time (whether or not the offeree has subsequently made a different offer), unless it has already been withdrawn.
            (3) The Court's permission is required to accept a Part 18 offer where an apportionment is required under Rule 154(2) or a trial is in progress.
            (4) Where the Court gives permission under paragraph (3), unless all the parties have agreed costs, the Court must make an order dealing with costs, and may order that the costs consequences set out in Rule 161 apply.

          • 159. Acceptance of Part 18 offer in a split trial case

            (1) In any case where there has been a trial but the case has not been decided, any Part 18 offer which relates only to parts of the claim or issues that have already been decided can no longer be accepted.
            (2) Subject to paragraph (1) and unless the parties agree, any other Part 18 offer cannot be accepted earlier than 7 clear days after judgment is given or handed down in such trial.

          • 160. Acceptance of Part 18 offer made by one or more, but not all, defendants

            (1) Paragraphs (2) and (3) apply where the claimant wishes to accept a Part 18 offer made by one or more, but not all, of a number of defendants.
            (2) A claimant may accept the offer in circumstances described in any relevant practice direction.
            (3) In all other cases, the claimant may only accept the offer with the Court's permission.

          • 161. Consequences of accepting a Part 18 offer

            (1) The general rule is that, subject to paragraph (3), where a Part 18 offer is accepted within the relevant period, the claimant will be entitled to the costs of the proceedings up to the date on which notice of acceptance was served on the offeror.
            (2) The claimant's costs of the proceedings include the claimant's recoverable pre-action costs and any costs incurred in dealing with the defendant's counterclaim if the Part 18 offer states that it takes it into account.
            (3) Where a defendant's Part 18 offer relates to part only of the claim and at the time of serving notice of acceptance within the relevant period the claimant abandons the balance of the claim, the claimant will only be entitled to the costs of such parts of the claim unless the Court orders otherwise.
            (4) Except where the recoverable costs are fixed by these Rules, costs under paragraphs (1) and (3) of this Rule are to be assessed on the standard basis if the amount of costs is not agreed.

          • 162. Other effects of accepting a Part 18 offer

            (1) If a Part 18 offer is accepted, the claim will be stayed and, in the case of acceptance of an offer which relates to the whole claim, the stay will be upon the terms of the offer.
            (2) In the case of acceptance of a Part 18 offer which relates to part only of the claim, the claim will be stayed as to that part upon the terms of the offer.
            (3) If the Court's approval is required before a settlement can be binding, any stay which would otherwise arise on the acceptance of a Part 18 offer will take effect only when that approval has been given.
            (4) Unless the parties otherwise agree in writing, where a Part 18 offer that is or includes an offer to pay or to accept a single sum of money is accepted, that sum must be paid to the claimant within 14 days of the date of acceptance, unless the Court orders otherwise.
            (5) If such sum is not paid within 14 days of acceptance of the offer, or such other period has been agreed, the claimant may enter judgment for the unpaid sum.

          • 163. Unaccepted Part 18 Offers

            (1) This rule applies where, upon judgment being entered —
            (a) a claimant fails to obtain a judgment more advantageous than a defendant's Part 18 offer; or
            (b) judgment against the defendant is at least as advantageous to the claimant as the proposals contained in the claimant's Part 18 offer.
            (2) For the purposes of paragraph (1), in relation to any money claim or money element of a claim —
            (a) "more advantageous" means better in money terms by any amount, however small; and
            (b) "at least as advantageous" shall be construed accordingly.
            (3) Subject to paragraph (4), where paragraph (1)(a) applies, the Court must, unless it considers it unjust to do so, order that the defendant is entitled to costs (including any recoverable pre-action costs) from the date on which the relevant period expired and interest on those costs.
            (4) Subject to paragraph (5), where paragraph (1)(b) applies, the Court must, unless it considers it unjust to do so, order that the claimant is entitled to —
            (a) interest on the whole or part of any sum of money (excluding interest) awarded, at such rate as the Court thinks fit for some or all of the period starting with the date on which the relevant period expired;
            (b) together with costs (including any recoverable pre-action costs) on the indemnity basis from the date on which the relevant period expired; and
            (c) interest on those costs at such rate as the Court thinks fit.
            (5) Paragraphs (3) and (4) do not apply to a Part 18 offer which has been withdrawn, which has been changed so that its terms are less advantageous to the offeree where the offeree has beaten the less advantageous offer, or which was made less than 21 days before trial unless the Court has abridged the relevant period.
            Amended on June 1, 2017

          • 164. Personal injury claims for future pecuniary loss

            (1) This rule applies to a claim for damages for personal injury which is or includes a claim for future pecuniary loss.
            (2) An offer to settle such a claim will not have the consequences set out in this Part unless it is made by way of a Part 18 offer under this rule.
            (3) A Part 18 offer to which this rule applies may contain an offer to pay, or an offer to accept the whole or part of the damages for future pecuniary loss in form of a lump sum, a periodical payment or both a lump sum and periodical payments or the whole or part of any other damages in the form of a lump sum.
            (4) In addition to the information required by Rule 154, a Part 18 offer made under this Rule must contain such further information as required by, and set out in, any relevant practice direction.
            (5) Rule 152 applies to the extent that a Part 18 offer made by a defendant under this rule includes an offer to pay all or part of any damages in the form of a lump sum.
            (6) Where the offeror makes a Part 18 offer to which this rule applies and which offers to pay or to accept damages in the form of a lump sum and periodical payments, the offeree may only give notice of acceptance of the offer as a whole.
            Amended on June 1, 2017

          • 165. Offer to settle a claim for provisional damages

            (1) An offeror may make a Part 18 offer in respect of a claim which includes a claim for provisional damages.
            (2) Where the offeror does so, in addition to the information required by Rule 154, the offer must specify whether or not the offeror is proposing that the settlement shall include an award of provisional damages and must contain such further information as required by, and set out in, any relevant practice direction.
            (3) Rules 152(2) and (3) apply to the extent that a Part 18 offer made by a defendant includes an offer to agree to the making of an award of provisional damages.
            Amended on June 1, 2017

          • 166. Payments into Court

            (1) A party who makes a payment into Court under a Court order must serve notice of the payment on every other party and, in relation to each such notice, file a certificate of service.
            (2) A practice direction may set out special provisions with regard to payments into Court under any ADGM enactment.

          • 167. Where defendant wishes to rely on a defence of tender before claim

            (1) A defendant who wishes to rely on a defence of tender before claim must make a payment into Court of the amount he says was tendered and may not rely on that defence until he makes the payment.
            (2) The defence of tender before claim is not available where the claim is for unliquidated damages.

          • 168. Payment out of Court

            Money paid into Court under a Court order or in support of a defence of tender before claim may not be paid out without the Court's permission except in accordance with a relevant practice direction.

        • PART 19 PART 19 — Discontinuance

          • 169. Right to discontinue claim

            (1) Except as provided by the relevant practice direction, a claimant may discontinue all or part of a claim at any time.
            (2) Where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the defendants.
            (3) A claimant who claims more than one remedy and subsequently abandons his claim to one or more of the remedies but continues with his claim for the other remedies is not treated as discontinuing all or part of a claim for the purposes of this Part.

          • 170. Procedure for discontinuing

            (1) To discontinue all or part of a claim, a claimant must file a notice of discontinuance and serve a copy of that notice on every other party to the proceedings in accordance with Part 4 of these Rules.
            (2) Discontinuance against any defendant takes effect on the date when the notice of discontinuance is served on him and, subject to paragraph (3), the proceedings are brought to an end as against him on that date.
            (3) However, this does not affect proceedings to deal with any question of costs.

          • 171. Right to apply to have notice of discontinuance set aside

            Where the claimant discontinues under Rule 170(2), the defendant may apply to have the notice of discontinuance set aside in accordance with the relevant practice direction.

          • 172. Liability for costs

            (1) Unless the Court orders otherwise, a claimant who discontinues is liable for the costs which a defendant, against whom the claimant discontinues, incurred on or before the date on which notice of discontinuance was served on that defendant.
            (2) If proceedings are only partly discontinued, the claimant is liable for costs relating only to the part of the proceedings which he is discontinuing and, unless the Court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

        • PART 20 PART 20 — Miscellaneous Provisions Relating To Hearings

          • 173. Hearing to be in public

            (1) Save as provided by under section 98(2), (3) and (4) of the Regulations and the relevant practice directions, the general rule is that a hearing is to be held in public.
            (2) The decision as to whether to hold a hearing in private must be made by the Judge conducting the hearing having regard to any representations which may have been made to him.
            (3) The Court may order that the identity of any party or witness must not be disclosed if it considers non-disclosure necessary in order to protect the interests of that party or witness.

          • 174. Failure to attend the trial

            (1) The Court may proceed with a trial in the absence of a party, but
            (a) if no party attends the trial, it may strike out the whole of the proceedings;
            (b) if the claimant does not attend, it may strike out his claim and any defence to counterclaim; and
            (c) if the defendant does not attend, it may strike out his defence or counterclaim (or both).
            (2) Where the Court strikes out proceedings, or any part of them, under this Rule, it may subsequently restore the proceedings, or that part.
            (3) Where a party does not attend and the Court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside.
            Amended on June 1, 2017

          • 175. Representations at trial of companies or other corporations

            A company or other corporation may be represented at trial by an employee if the employee has been authorised by the company or corporation to appear at trial on its behalf and the Court gives permission.

        • PART 21 PART 21 — Judgments And Orders

          • 176. Standard requirements

            (1) Except as otherwise provided by these Rules or a relevant practice direction, every judgment or order must state the name and judicial title of the person who made it.
            (2) Every judgment or order must bear the date on which it is given or made and be sealed by the Court.

          • 177. Drawing up judgments and orders

            (1) Except for orders made by the Court of its own initiative, and unless the Court otherwise orders or as provided by these Rules, any practice direction or any ADGM enactment, every judgment or order will be drawn up by the parties.
            (2) A judgment or order takes effect from the day when it is given or made, or such later date as the Court may specify.

          • 178. Service of judgments and orders

            (1) Where a judgment or order has been drawn up by a party and is to be served by the Court, the party who drew it up must file a copy to be retained at the Court and sufficient copies for service on him and on the other parties.
            (2) Once the judgment or order has been sealed, the Court must serve a copy of it on each party to the proceedings.
            (3) Unless the Court directs otherwise, any order made otherwise than at trial must be served on the applicant and the respondent and any other party on whom the Court orders it to be served.

          • 179. Interest on judgment debts

            When interest is payable on a judgment pursuant to section 8 of the Regulations —

            (a) the interest shall be at the rate prescribed by the Court in the relevant practice direction; and
            (b) the interest shall begin to run from the date that judgment is given, unless a rule or a relevant practice direction makes a different provision or the Court orders otherwise.

          • 180. Time for complying with a judgment or order

            A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless —

            (a) the judgment or order specifies a different date for compliance (including specifying payment by instalments);
            (b) any rule or a relevant practice direction specifies a different date for compliance; or
            (c) the Court has stayed the proceedings or judgment.

          • 181. Who may apply to set aside or vary a judgment or order

            Unless otherwise provided by a rule or a relevant practice direction any party or any person who is not a party but who is directly affected by a judgment or order may apply to have the judgment or order set aside or varied.

          • 182. Consent judgments and orders

            (1) This Rule applies where all the parties agree the terms in which a judgment should be given or an order should be made.
            (2) A Court officer may enter and seal an agreed judgment or order if the judgment or order is listed in paragraph (3) and the Court's approval is not required by these Rules, a practice direction or any ADGM enactment before an agreed order can be made.
            (3) The judgments and orders referred to in paragraph (2) are —
            (a) a judgment or order for —
            (i) the payment of an amount of money; or
            (ii) the delivery up of goods with or without the option of paying the value, or the agreed value, of the goods,
            (b) an order for —
            (i) the dismissal of any proceedings, wholly or in part;
            (ii) the stay of proceedings on agreed terms, disposing of the proceedings, whether those terms are recorded in a schedule to the order or elsewhere;
            (iii) the stay of enforcement of a judgment, either unconditionally or on condition that money due under the judgment is paid by instalments specified in the order or as security;
            (iv) the setting aside under Rule 41 of a default judgment which has not been satisfied;
            (v) the payment out of money which has been paid into Court;
            (vi) the discharge from liability of any party; or
            (vii) the payment, assessment or waiver of costs, or such other provision for costs as may be agreed.
            (4) Rule 183(1) applies to judgments and orders entered and sealed by a Court officer under paragraph (2) as it applies to other judgments and orders.
            (5) Where paragraph (2) does not apply, any party may apply for a judgment or order in the terms agreed; and the Court may deal with any application under this paragraph without a hearing.
            (6) Where this Rule applies, the order which is agreed by the parties must be drawn up in the terms agreed, must be expressed as being "By Consent" and must be signed by the legal representative acting for each party to whom the order relates.
            Amended on June 1, 2017

          • 183. Correction of errors in judgments and orders

            (1) The Court may at any time correct an accidental slip, error or omission in a judgment or order, and it may make any such correction or corrections on its own initiative, on the application of any party to the proceedings or on the application of any person who is not a party to the proceedings but who is directly affected by the slip, error or omission in the judgment or order.
            (2) An application under paragraph (1) may be made without notice.

             

          • 184. Sale of Real Property

            (1) In any proceedings relating to real property, the Court may order the real property, or part of it, to be sold, mortgaged, charged, exchanged or partitioned.
            (2) Where the Court has made an order under paragraph (1), it may order any party to deliver up to the purchaser or any other person possession of the real property, receipt of rents or profits relating to it or both.

          • 185. Declaratory judgments

            The Court may make binding declarations whether or not any other remedy is claimed.

        • PART 22 PART 22 — Damages

          • 186. Award for provisional damages

            (1) In this Rule "award for provisional damages" means an award of damages for personal injuries under which damages are assessed on the assumption referred to in section 35 of the Regulations that the injured person will not develop the disease or suffer the deterioration, and the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.
            (2) The Court may make an order for an award of provisional damages if the particulars of claim include a claim for provisional damages; and the Court is satisfied that section 35 of the Regulations applies.
            (3) An order for an award of provisional damages must specify the disease or type of deterioration in respect of which an application may be made at a future date and must specify the period within which or the date from which such an application can be made.
            (4) An order under paragraph (2) may be made in respect of more than one disease or type of deterioration and may, in respect of each disease or type of deterioration, specify a different period within which, or a different date from which, a subsequent application may be made.
            Amended on June 1, 2017

          • 187. Application for further damages

            (1) The claimant may not make an application for further damages after the end of the period specified under paragraph (3) of Rule 186, or such period as extended by the Court under paragraph (4) of that Rule.
            (2) Only one application for further damages may be made in respect of each disease or type of deterioration specified in the award of provisional damages.

          • 188. Periodical Payments

            (1) This Section of this Part contains rules about the exercise of the Court's powers under section 51 of the Regulations to order that all or part of an award for damages in respect of personal injury is to take the form of periodical payments.
            (2) "Damages" in paragraph (1) means damages for future pecuniary loss and "periodical payments" means periodical payments under section 51 of the Regulations.
            (3) A relevant practice direction may set out additional matters to be contained in a party's statement of case in a claim for damages for personal injury.

          • 189. Factors to be taken into account

            (1) When considering whether to make an order under section 51 of the Regulations, the Court shall have regard to all the circumstances of the case and, in particular, the form of award which best meets the claimant's needs, having regard to the factors set out in the relevant practice direction.
            (2) Where the Court awards damages in the form of periodical payments, the order must specify the matters set out in the relevant practice direction.
            (3) Where, under section 51 of the Regulations, the Court is satisfied that special circumstances makes an assignment or change of periodical payments necessary, it shall, in deciding whether or not to approve the assignment or charge, also have regard to the factors set out in the relevant practice direction.

        • PART 23 PART 23 — Change Of Lawyer

          • 190. Lawyer acting for a party

            Where the address for service of a party is the business address of that party's lawyer, the lawyer will be considered to be acting for that party until the provisions of this Part have been complied with.

          • 191. Change of lawyer — duty to give notice

            (1) Where a party for whom a lawyer is acting wants to change his lawyer, the party or his new lawyer must file notice of the change; and serve notice of the change on every other party and on the former lawyer.
            (2) The notice must state the party's new address for service.
            (3) Where a party has changed his lawyer, the former lawyer will be considered to be the party's lawyer unless and until notice is filed and served in accordance with paragraph (1) or the Court makes an order under Rule 192 and the order is served as required by paragraph (1) of that Rule.
            Amended on June 1, 2017

          • 192. Order that a lawyer has ceased to act

            (1) A lawyer may apply, in accordance with the relevant practice direction, for an order declaring that he has ceased to be the lawyer acting for a party.
            (2) Where the Court makes an order under this Rule the lawyer who made the application must serve a copy of the order on every party to the proceedings, and that lawyer must file a certificate of service.
            Amended on June 1, 2017

          • 193. Removal of lawyer who has ceased to act on application of another party

            (1) Where a lawyer who has acted for a party has died, has become bankrupt, has ceased to practice or cannot be found and the party has not given notice of a change of lawyer as required by Rule 191(1) any other party may apply, in accordance with the relevant practice direction, for an order declaring that the lawyer has ceased to be the lawyer acting for the other party in the case.
            (2) Rule 192(2) applies where the Court makes an order under this rule and references in that rule to "lawyer" shall be read as references to "party".
            Amended on June 1, 2017

        • PART 24 PART 24 — Fees And Costs

          • 194. Fees

            Where a fee is prescribed by any rule made by the Chief Justice under section 184(1) of the Regulations, the Registrar may refuse to accept a document or refuse to allow a party to take any step unless and until the relevant fee is paid.

            Amended on June 1, 2017

          • 195. Orders for costs

            (1) The Court may make such orders as it considers just in respect of any application, hearing, trial, appeal or other proceeding before the Court.
            (2) The Court's powers to make an order for costs may be exercised either in the course of the proceeding or at or after its final determination.
            (3) This Part is subject to any rule or practice direction which sets out special provisions with regard to any particular category of proceeding before the Court.

          • 196. Submissions as to costs

            (1) Submissions as to costs should normally be made before the conclusion of the proceedings to which an order of costs will relate.
            (2) If a party wishes to defer making submissions as to costs until after judgment has been given, the Court may give such directions as appear to it to be appropriate for the way and the period within which such submissions are to be placed before the Court.

          • 197. Basis of assessment

            (1) Where the Court is to assess the amount of costs it will assess those costs on the standard basis or on the indemnity basis.
            (2) Where the Court makes an order about costs without indicating the basis on which the costs are to be assessed or it makes an order for costs to be assessed on a basis other than the standard or indemnity basis, the costs will be assessed on the standard basis.
            (3) A practice direction may set out the circumstances in which a costs order is deemed to have been made on the standard basis.

          • 198. Standard basis

            (1) Where the amount of costs is to be assessed on the standard basis, the Court will only allow costs which are proportionate to the matters in issue and are reasonably incurred and reasonable in amount.
            (2) The Court will resolve any doubt which it may have as to whether costs assessed on the standard basis are reasonably incurred and reasonable and proportionate in amount in favour of the paying party.

          • 199. Indemnity basis

            (1) Costs assessed on the indemnity basis are allowed only if they are reasonably incurred and reasonable in amount.
            (2) Where the amount of costs is to be assessed on the indemnity basis, the Court will resolve any doubt which it may have as to whether costs are reasonable in amount or were reasonably incurred in favour of the receiving party.

          • 200. Procedure for assessing costs

            (1) Where the Court orders a party to pay costs to another party (other than fixed costs) it may either make a summary assessment of the costs or order detailed assessment of the costs by a costs officer.
            (2) The amount of any assessed costs will be inserted in the order made by the Court, or if the order is drawn up before the assessment has been completed, the amount assessed will be certified by the Registrar

          • 201. Time for complying with an order for costs

            (1) A party must comply with an order for the payment of costs within 14 days of
            (a) the date of the judgment or order if it states the amount of those costs or, if the amount of those costs (or part of them) is decided later following detailed assessment, the date of the certificate which states the amount; or
            (b) such other date as the Court may specify.

          • 202. Where the Court makes no order for costs

            (1) Where the Court makes an order which does not mention costs, the general rule is that no party is entitled to costs in relation to that order.
            (2) The general rule in paragraph (1) does not affect any entitlement of a party to recover costs out of a fund held by that party as trustee or under any lease, mortgage or other security.
            (3) Where the Court makes an order or direction sought by a party on an application without notice and its order does not mention costs, it will be deemed to include an order for the applicant's costs in the case.
            (4) Any party affected by a deemed order for costs under paragraph (3) of this Rule may apply at any time to vary the order.

          • 203. The Court's powers in relation to misconduct

            (1) The Court may make an order under this Rule where a party or that party's legal representative, in connection with a summary or detailed assessment, fails to comply with a rule, practice direction or Court order, or it appears to the Court that the conduct of a party or that party's legal representative, before or during the proceedings or in the assessment proceedings, was unreasonable or improper.
            (2) Where paragraph (1) applies, the Court must disallow all or part of the costs which are being assessed or order the party at fault, or that party's legal representative, to pay costs on the indemnity basis which that party, or legal representative, has caused any other party to incur.
            Amended on June 1, 2017

          • 204. Set-off

            Where a party entitled to costs is also liable to pay costs, the Court may assess the costs which that party is liable to pay and either set-off the amount assessed against the amount which the party is entitled to be paid and direct that party to pay any balance, or delay the issue of a certificate for the costs to which the party is entitled until the party has paid the amount to which that party is liable to pay.

        • PART 25 PART 25 - APPEALS

          • 205. Appeals from the Small Claims Division to the Civil Division

            (1) An appellant may appeal from a final judgment of the Small Claims Division of the Court of First Instance only by notice of appeal to the Civil Division of the Court of First Instance.
            (2) No appeal lies to the Court of Appeal from any judgment of the Civil Division on an appeal from the Small Claims Division.
            (3) No appeal may be brought against any judgment or order given or made in the Small Claims Division except on a question of law.
            (4) No appeal may be brought against any interlocutory order made in the Small Claims Division.
            (5) A party who seeks to appeal to the Civil Division against a final judgment or order of the Small Claims Division must file and serve on all other parties a notice of appeal within 21 days of the date of the decision.
            (6) A notice of appeal to the Civil Division must be filed in the appropriate form in accordance with the relevant practice direction.
            (7) A party who wishes to respond to a notice of appeal must, within 21 days of service of the notice, file and serve on the other parties to the proceedings a written response made in the appropriate form in accordance with the relevant practice direction.
            (8) Rules 209 to 213 apply to appeals to the Civil Division from the Small Claims Division in the same way as they apply to appeals from the Civil Division to the Court of Appeal.
            Amended on June 1, 2017

          • 206. Appeals from the Court of First Instance (except for the Small Claims Division) to the Court of Appeal – permission to appeal

            (1) An appellant requires permission to appeal from an order or judgment of a Judge in the Court of First Instance to the Court of Appeal.
            (2) An application for permission to appeal must, in accordance with the relevant practice direction, be made in the form of an application notice and written argument in support, and
            (a) if the application for permission to appeal relates to a case management or interim order, be made to the Court of Appeal within 7 days of the date when the order to be appealed was made;
            (b) if the application for permission to appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, be made to the Court of Appeal within 10 days of the date when the order to be appealed was made;
            (c) in any other case, be made to the Court of First Instance of the Court of Appeal within 21 days after the date when the order or judgment to be appealed was made.
            (3) Where the Court of First Instance refuses an application for permission to appeal under Rule 206(2)(c) a further application for permission to appeal may be made to the Court of Appeal within 7 days of the date of the refusal.
            (4) There must be filed with the application notice a copy of the order or judgment appealed from and a copy of any order refusing permission to appeal to the Court of Appeal.
            Amended on July 9 2020
            Amended on June 1, 2017

          • 207. Objection by respondent to application for permission to appeal

            (1) A respondent who wishes to object to an application for permission to appeal to the Court of Appeal must, in accordance with the relevant practice direction, file and serve on the applicant and all other parties to the application a written argument in response to the application:
            (a) if the application for permission to appeal relates to a case management or interim order, within 7 days of the respondent being served with the application notice and written argument in support;
            (b) if the application for permission to appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 10 days of the respondent being served with the application notice and written argument in support;
            (c) in any other case, within 21 days of the respondent being served with the application notice and written argument in support.
            (2) A respondent who does not file and serve a written argument in response will not be permitted to participate in the application and will not be given notice of its progress.
            Amended on July 9 2020
            Amended on June 1, 2017

          • 208. Determination of application for permission to appeal

            (1) Applications for permission to appeal, will ordinarily be decided by the Court on the papers without an oral hearing.
            (2) The Court may grant or refuse permission to advance all or any of the grounds of appeal or invite the parties to file written submissions within 14 days as to the grant of permission on terms.
            (3) Where the Court has invited the parties’ submissions as to terms, it shall reconsider the application without a hearing and may refuse permission or grant permission, either unconditionally or on terms, to advance all or any of the grounds of appeal.
            (4) Permission to appeal may be given only where the Court considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard.
            (5) An order giving permission to appeal may limit the issues to be heard and be made subject to conditions.
            Amended on July 9, 2020

          • 209. 209. Appeals before Court of Appeal

            (1) If permission to appeal is given, the appellant must, in accordance with the relevant practice direction, file and serve a notice of appeal within 7 days of the order granting permission to appeal.
            (2) The appellant must, in accordance with the relevant practice direction, file and serve its written argument in support of the appeal:
            (a) if the appeal relates to a case management or interim order, at the same time as the appellant files and serves its notice of appeal;
            (b) if the appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 14 days of filing its notice of appeal;
            (c) in any other case, within 21 days of filing its notice of appeal.
            Amended on July 9, 2020

            • 209A. Objection by respondent to appeal

              (1) Other than in respect of an appeal that relates to a case management or interim order, a respondent who wishes to object to an appeal must, in accordance with the relevant practice direction, file and serve an acknowledgment of service on the applicant and all other parties to the appeal within 7 days of being served with the appellant’s written argument in support of the appeal.
              (2) A respondent who wishes to object to an appeal must, in accordance with the relevant practice direction, file and serve on the applicant and all other parties to the appeal a written argument in response to the appeal:
              (a) if the appeal relates to a case management or interim order, within 7 days of the respondent being served with the appellant’s written argument in support of the appeal;
              (b) if the appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 14 days of the respondent being served with the appellant’s written argument in support of the appeal;
              (c)in any other case, within 21 days of the respondent being served with the appellant’s written argument in support of the appeal.
              Amended on July 9, 2020

            • 209B. Reply to objection by respondent

              If the respondent has filed and served a written argument in response to the appeal, of if there are two or more respondents and at least one of them has done so, and the time for filing and serving any other written argument or arguments has expired, an appellant may, in accordance with the relevant practice direction, file and serve a written argument in reply:
              (a) if the appeal relates to a case management or interim order, within 5 days;
              (b) if the appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 7 days;
              (c) in any other case, within 14 days.
              Amended on July 9, 2020

            • 209C. Hearing of the appeal

              (1) Every contested appeal before the Court of Appeal shall be heard in open Court except:
              (a) where it is necessary in the interests of justice or in the public interest for the Court to sit in private or to conduct the hearing by video link; or
              (b) where the Court considers that the appeal can be fairly determined on the papers without an oral hearing and, in all the circumstances of the case, it would be appropriate to do so.
              (2) Hearings shall be conducted in accordance with the relevant practice direction
              (3) The Court may give directions to limit any oral submissions to a specified duration.
              Amended on July 9, 2020

          • 210. Judgment

            A judgment of the Court of Appeal may be delivered in open court or, if the Court so directs, promulgated by the Registrar.

          • 211. Powers of the Court of Appeal

            (1) In relation to an appeal, the Court of Appeal has all the powers of the Court of First Instance and may —
            (a) affirm, set aside or vary any order, judgment or decision made or given by that court;
            (b) refer any claim or issue for determination by that court;
            (c) order a new trial or hearing;
            (d) make orders for the payment of interest; or
            (e) make a costs order.
            (2) The Court of Appeal may exercise its powers in relation to the whole or part of a judgment, order or decision that is the subject of the appeal.
            (3) An order of the Court of Appeal may be enforced in the same manner as an order of the Court of First Instance.
            (4) Subject to section 12(3) of the Regulations, or unless it orders otherwise, the Court of Appeal will not receive oral evidence or evidence which was not before the lower court.
            (5) At the hearing of an appeal, a party may not rely on a matter not contained in his application unless the Court of Appeal gives permission.

          • 212. Stay

            (1) Unless the Court orders otherwise, an appeal to the Court of Appeal shall not operate as a stay of any judgment, order or decision of the Court of First Instance.
            (2) Any appellant who wishes to obtain a stay of execution of the judgment or order appealed from must:
            (a) seek it from the Court of First Instance where an application for permission to appeal has been filed with that Court and the application has not yet been determined;
            (b) in all other cases, seek it from the Court of Appeal,
            and only in wholly exceptional circumstances will the Court grant a stay.
            Amended on July 9, 2020

          • 213. Non-disclosure of Part 18 offers and payments

            (1) The fact that a Part 18 offer or payment in Court has been made must not be disclosed to any Judge who is to hear or determine an application for permission to appeal or an appeal until all questions (other than costs) have been determined.
            (2) Paragraph (1) does not apply if the Part 18 offer or payment into Court is relevant to the substance of the appeal, and it does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 18 offer or payment into Court has been made is properly relevant to the matter to be decided.

          • 214. Judicial review appeals from the Court of First Instance

            (1) Where permission to apply for judicial review has been refused at a hearing in the Court of First Instance, the person seeking that permission may apply to the Court of Appeal for permission to appeal.
            (2) On an application under paragraph (1), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.
            (3) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (2), the case will proceed in the Court of First Instance.

          • 215. Reopening of final appeals

            (1) The Court will not reopen a final determination of any appeal unless —
            (a) it is necessary to do so in order to avoid a real injustice; or
            (b) the circumstances are exceptional and make it appropriate to reopen the appeal; and
            (c) there is no alternative effective remedy.
            (2) Permission is needed under this Rule to reopen the final determination of an appeal.
            (3) An application for permission under paragraph (2) will be considered by a single Judge, who must not have been a member of the Court which made the determination.
            (4) There is no right to an oral hearing on an application for permission under paragraph (2) unless, exceptionally, the Judge so directs.
            (5) The decision of the Judge on the application for permission is final and not open to appeal.

        • PART 26 PART 26 — Judicial Review

          • 216. Interpretation

            (1) In this Part —
            (a) a "claim for judicial review" means a claim to review the lawfulness of an ADGM enactment; or a decision, action or failure to act in relation to the exercise of a public function;
            (b) "the judicial review procedure" means the Rule 30 procedure as modified by this Part;
            (c) "interested party" means any person (other than the claimant or defendant) who is directly affected by the claim; and
            (d) "Court" means the Court of First Instance, unless otherwise stated.

          • 217. When the judicial review procedure must be used

            (1) The judicial review procedure must be used in a claim for judicial review where the claimant is seeking —
            (a) a mandatory, prohibiting or quashing order;
            (b) an injunction under section 18 of the Regulations; or
            (c) a declaration or an injunction under section 20(2) of the Regulations.
            (2) A claim for judicial review may include a claim for damages, restitution or the recovery of a sum due but may not seek such a remedy alone.

          • 218. Permission required to proceed with a claim for judicial review

            (1) No person may bring a claim for judicial review without the Court's prior permission.
            (2) An application for permission under paragraph (1) must be made pursuant to section 20 of the Regulations and in accordance with the relevant practice direction.

          • 219. Claim form

            (1) In addition to the particulars referred to in Rule 27(3), the claimant must also state the name and address of any person he considers to be an interested party and any relief (including any interim relief) he is claiming.
            (2) The claim form must be accompanied by documents providing the information required by section 20(6)(b) of the Regulations and the relevant practice direction.

          • 220. Filing and service of the claim form

            (1) The claim form must be filed promptly, and in any event within 3 months after the grounds to make the claim first arose.
            (2) The claim form must be served on the defendant and, unless the Court otherwise directs, any person the claimant considers to be an interested party, within 7 days after the date of issue.
            (3) Paragraph (1) does not apply when any other ADGM enactment specifies a shorter time limit for making a claim for judicial review.
            Amended on June 1, 2017

          • 221. Acknowledgment of service

            Any person served with the claim form who wishes to take part in the claim for judicial review must file and serve an acknowledgment of service.

          • 222. Contents of the acknowledgment of service

            (1) Where the person filing the acknowledgment of service intends to contest the claim, the acknowledgment must set out a summary of his grounds for doing so.
            (2) Where the person filing the acknowledgement intends to contest the application for permission on the basis that it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred, set out a summary of the grounds for doing so.
            (3) The acknowledgement must state the name and address of any person the person filing it considers to be an interested party, and it may include or be accompanied by an application for directions.

          • 223. Filing and service of the acknowledgment of service

            Any acknowledgment of service must be filed not more than 21 days after service of the claim form, served on the claimant and, subject to any direction under Rule 220(2), on any other person named in the claim form as soon as practicable and, in any event, not later than 7 days after it is filed.

          • 224. Failure to file acknowledgment of service

            (1) Where a person served with a claim form has failed to file an acknowledgment of service in accordance with Rule 221, he may not take part in a hearing to decide whether permission to proceed with the claim for judicial review should be given, unless the Court allows him to do so; but, provided he complies with Rule 222 (2) or any other direction of the Court regarding the filing and service of detailed grounds for contesting the claim or supporting it on additional grounds and any written evidence, he may take part in the hearing of the judicial review.
            (2) Where that person takes part in the hearing of the judicial review, the Court will take his failure to file an acknowledgment of service into account when deciding what order to make about costs.
            (3) Rule 36(3) does not apply to a claim under this Part.
            Amended on June 1, 2017

          • 225. Permission given to proceed

            (1) Where permission to proceed with a claim for judicial review is given, the Court may also give directions.
            (2) Directions given under paragraph (1) may include a stay of the proceedings to which the claim relates.

          • 226. Service of order giving or refusing permission

            (1) The order giving or refusing permission to proceed with the claim for judicial review, any certificate (if not included in the order) that permission has been granted for reasons of exceptional public interest in accordance with section 20(4) of the Regulations and any directions shall be served on the claimant, the defendant and any other person who filed an acknowledgment of service in accordance with Rule 178(1), unless that Court makes an order requiring a different method of service.
            (2) Neither the defendant nor any other person served with the claim form under this Part may apply to set aside an order giving permission to proceed with a claim for judicial review.
            Amended on July 9, 2020

          • 227. Response

            (1) A defendant and any other person served with the claim form who wishes to contest the claim for judicial review or support it on additional grounds must file and serve detailed grounds for contesting the claim for judicial review or supporting it on additional grounds, and any written evidence, within 35 days after service of the order giving permission to proceed.
            (2) Rule 37 does not apply to a claim under this Part.

          • 228. Claimant seeking to rely on additional grounds

            The Court's permission is required if a claimant seeks to rely on grounds other than those for which he has been given permission to proceed with a claim for judicial review.

          • 229. Evidence

            No written evidence may be relied on unless it has been served in accordance with any rule or practice direction under this Part or the Court gives permission.

          • 230. Court's powers

            The scope and application of the Court's powers under this Part to hear representations at the hearing of the judicial review, to decide the claim for judicial review without a hearing and where the Court makes a quashing order in respect of the decision to which the claim for judicial review relates are as set out in the relevant practice direction.

        • PART 27 PART 27 — Arbitration

          • 231. Arbitration Claims

            (1) In this Rule "arbitration claim" means —
            (a) any application to the Court under the Arbitration Regulations;
            (b) a claim to determine whether there is a valid arbitration agreement, whether an arbitration tribunal is properly constituted or what matters have been submitted to arbitration in accordance with an arbitration agreement;
            (c) a claim to declare that an award by an arbitral tribunal is not binding on a party; and
            (d) any other application affecting arbitration proceedings (whether started or not) or an arbitration agreement.
            (2) Except for a claim made under Section 232, an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Rule 30 procedure, which must include such matters and statements as are set out in the relevant practice direction.
            (3) Unless the Court orders otherwise, an arbitration claim form must be served on the defendant within 1 month from the date of issue.
            (4) The directions as to case management set out in the relevant practice direction apply, unless the Court orders otherwise.
            (5) All arbitration claims are to be heard in closed court unless the Court orders otherwise under section 30(4) of the Regulations.
            Amended on July 9, 2020

          • 232. Recognition or Enforcement

            (1) An application under section 56 of the Arbitration Regulations to recognise or enforce an award in the same manner as a judgment or order, other than by a claim on the award, may be made without notice in an arbitration claim form.
            (2) The Court may specify parties to the arbitration on whom the arbitration claim form must be served.
            (3) The parties on whom the arbitration claim form is served must acknowledge service and the enforcement proceedings will continue as if they were an arbitration claim.
            (4) The arbitration claim form may be served out of the jurisdiction without the Court's permission irrespective of where the award is, or is treated as, made.
            (5) Where the applicant applies to recognise or enforce an award on agreed terms within the meaning of section 48 of the Arbitration Regulations, the arbitration claim form must state that the award is an agreed award and any order made by the Court must also contain such a statement.
            Amended on December 11, 2017
            Amended on July 9, 2020

          • 233. Evidence

            (1) An application for recognition or enforcement under Rule 232 must be supported by written evidence exhibiting the documents required by the relevant practice direction.
            (2) The application must also state the name and usual or last known place of residence or business of the claimant and of the person against whom it is sought to recognition or enforce the award, and either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.
            (3) Where a body corporate is a party, any reference in this Rule to a place of residence or business shall have effect as if the reference were to the registered or principal address of the body corporate.
            Amended on June 1, 2017
            Amended on July 9, 2020

          • 234. Orders for permission to enforce

            (1) An order recognising, or giving permission to enforce, an award must be served on the defendant by the claimant in accordance with Part 4 of these Rules.
            (2) The order may be served out of the jurisdiction without permission as if the order were an arbitration claim form.
            (3) Within 14 days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the Court may set the defendant may apply to set aside the order and the award must not be enforced until after the end of that period or any application made by the defendant within that period has been finally disposed of.
            (4) The order must contain a statement of the right to make an application to set the order aside and the restriction on enforcement under paragraph (3).
            Amended on July 9, 2020

          • 235. Enforcement of an award of interest

            (1) Where an applicant seeks an order for the recognition or enforcement of an award of interest the whole or any part of which relates to a period after the date of the award, he must file a statement giving the particulars set out in the relevant practice direction.
            (2) A statement under paragraph (1) must be filed whenever the amount of interest has been quantified for the purpose of obtaining a judgment or order under section 56 of the Arbitration Regulations or enforcing such a judgment or order.
            Amended on July 9, 2020

          • 236. Registration in Court of First Instance of foreign awards

            (1) Where an award is made in proceedings on an arbitration in any territory to which sections 169 to 174 of the Regulations extend and has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, the Rules in Part 29 apply in relation to the award as they apply in relation to a judgment given by the Court, subject to paragraph (2).
            (2) The written evidence required by Rule 233(1) must state, in addition to the matters required by that rule, that to the best of the information or belief of the maker of the statement the award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.

        • PART 28 PART 28 — Court's Power To Appoint A Receiver

          • 237. Court's power to appoint receiver

            (1) Pursuant to the power of appointment under section 41 of the Regulations the Court may appoint a receiver before proceedings have started, in existing proceedings or on or after judgment.
            (2) The Court may at any time terminate the appointment of a receiver and appoint another receiver in his place.

          • 238. Application for the appointment

            (1) An application for the appointment of a receiver may be made without notice.
            (2) The application must be made in accordance with the relevant practice direction.

          • 239. Service of order appointing receiver

            An order appointing a receiver must be served by the party who applied for it on the person appointed as receiver unless the Court orders otherwise, on every other party to the proceedings and on such other persons as the Court may direct.

          • 240. Security

            (1) The Court may direct that before a receiver begins to act or within a specified time he either give such security as the Court may determine, or file and serve on all parties to the proceedings evidence that he already has in force sufficient security to cover his liability for his acts and omissions as a receiver.
            (2) The Court may terminate the receiver's appointment if he fails to give the security or satisfy the Court as to the security he has in force by the date specified.

          • 241. Discharge of receiver

            (1) A receiver or any party may apply for the receiver to be discharged on completion of his duties.
            (2) The application must be served on the persons who were required under Rule 239 to be served with the order appointing the receiver.
            (3) An order discharging or terminating the appointment of a receiver may require him to pay into Court any money held by him or specify the person to whom he must pay any money or transfer any assets still in his possession, and make provision for the discharge or cancellation of any guarantee given by the receiver as security.
            (4) The order must be served on the persons who were required under Rule 239 to be served with the order appointing the receiver.

          • 242. Receiver's application for directions

            The receiver may apply to the Court at any time for directions to assist him in carrying out his functions as a receiver.

          • 243. Receiver's remuneration

            (1) A receiver may only charge for his services if the Court so directs and specifies the basis on which the receiver is to be remunerated.
            (2) The Court may specify who is to be responsible for paying the receiver and the fund or property (including income from real property) from which the receiver is to recover his remuneration.
            (3) If the Court directs that the amount of a receiver's remuneration is to be determined by the Court the receiver may not recover any remuneration for his services without a determination by the Court, and the receiver or any party may apply at any time for such a determination to take place.
            (4) Unless the Court orders otherwise, in determining the remuneration of a receiver, the Court shall award such sum as is reasonable and proportionate in all the circumstances and which takes into account the factors set out in the relevant practice direction.

          • 244. Non-compliance by receiver

            (1) If a receiver fails to comply with any rule, practice direction or direction of the Court, the Court may order him to attend a hearing to explain his non-compliance.
            (2) At the hearing, the Court may make any order it considers appropriate.

        • PART 29 PART 29 — General Rules About Enforcement Of Judgments And Orders

          • 245. Scope and interpretation

            (1) This Part contains general rules about enforcement of judgments and orders.
            (2) In this Part —
            (a) "judgment creditor" means a person who has obtained or is entitled to enforce a judgment or order;
            (b) "judgment debtor" means a person against whom a judgment or order was given or made;
            (c) "judgment or order" includes an award which the Court has registered for enforcement, ordered to be enforced or given permission to enforce as if it were a judgment or order of the Court; and
            (d) "judgment or order for the payment of money" includes a judgment or order for the payment of costs, but does not include a judgment or order for the payment of money into Court.

          • 246. Methods of enforcing judgments or orders

            (1) The relevant practice direction sets out methods of enforcing judgments or orders for the payment of money.
            (2) A judgment creditor may, except where a rule, a relevant practice direction or an ADGM enactment provides otherwise use any method of enforcement which is available and use more than one method of enforcement, either at the same time or consecutively.

          • 247. Court may order act to be done at expense of disobedient party

            (1) In this Rule "disobedient party" means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract.
            (2) Subject to paragraph (4), if a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, the Court may direct that the act required to be done, so far as practicable, be done by another person, being the party who obtained the judgment or order or by some other person appointed by the Court.
            (3) Where paragraph (2) applies, the costs to another person of doing the act will be borne by the disobedient party.
            (4) Upon the act being done, the expenses incurred may be ascertained in such manner as the Court directs and execution may issue against the disobedient party for the amount so ascertained and for costs.
            (5) Paragraph (3) does not affect the Court's powers under section 96 of the Regulations to punish the disobedient party for contempt of court.

          • 248. Enforcement of judgment or order by or against non-party

            If a judgment or order is given or made in favour of or against a person who is not a party to proceedings, it may be enforced by or against that person by the same methods as if he were a party.

          • 249. Enforcement of decisions of bodies other than the Court and compromises enforceable by ADGM enactment

            (1) Rules 250 to 252 apply where an ADGM enactment provides that a decision of a court, tribunal, panel, body or person other than the Court or a compromise, may be enforced as if it were a Court order or that any sum of money payable under that decision or compromise may be recoverable as if payable under a Court order.
            (2) This Rule does not apply to arbitration awards.

          • 250. The application for enforcement

            (1) Unless paragraph (2) applies, a party may enforce the decision or compromise by applying for a specific method of enforcement under any ADGM enactment, and must file with the Court a copy of the decision or compromise being enforced and provide the Court with the information required by the relevant practice direction.
            (2) If an ADGM enactment provides that a decision or compromise is enforceable or that a sum of money is recoverable if a Court so orders, an application for such an order must be made in accordance with paragraphs (3) to (5).
            (3) The application may, unless paragraph (4) applies, be made without notice.
            (4) Where a compromise requires a person to whom a sum of money is payable under the compromise to do anything in addition to discontinuing or not starting proceedings ("a conditional compromise"), an application under paragraph (2) must be made on notice.
            (5) The application notice must contain the information required by the relevant practice direction, and a copy of the decision or compromise must be filed with the application notice.

             

          • 251. The procedure

            (1) An application other than in relation to a conditional compromise may be dealt with by the Court without a hearing.
            (2) Where an application relates to a conditional compromise, the respondent may oppose it by filing a response within 14 days of service of the application notice, and —
            (a) if the respondent does not file a response before the expiry of that period, the Court will make the order; or
            (b) if the respondent files a response before the expiry of that period, the Court will make such order as appears appropriate.
            (3) If an ADGM enactment provides that a decision or compromise may be enforced in the same manner as an order of the Court of First Instance if it is registered, any application to the Court of First Instance for registration must be made in accordance with the relevant practice direction.

          • 252. Effect of setting aside judgment or order

            If a judgment or order is set aside, any enforcement of the judgment or order shall cease to have effect unless the Court otherwise orders.

        • PART 30 PART 30 — Orders To Obtain Information From Judgment Debtor

          • 253. Application for order

            (1) A judgment creditor may apply for an order requiring a judgment debtor or, if a judgment debtor is a company or other body corporate or a partnership, an officer or director of that company or body or partner of that partnership, to attend Court to provide information about the judgment debtor's means or any other matter about which information is needed to enforce a judgment or order.
            (2) An application under paragraph (1) may be made without notice, may be dealt with by the Court without a hearing.
            (3) The application must contain the information required by the relevant practice direction.

          • 254. Terms of order

            (1) If the application complies with Rule 253(3), an order to attend Court will be issued in the terms of paragraph (2).
            (2) A person served with an order issued under this Rule must attend Court at the time and place specified in the order and, when he does so, produce at Court documents in his control which are described in the order and answer on affirmation such questions as the Court may require.
            (3) An order under this Rule must contain a notice to the effect that if the person against whom the order is made does not comply with the order, he may be held in contempt of Court and fined, or his assets may be seized.

             

          • 255. Failure to comply with order

            (1) If a person against whom an order has been made under Rule 254 fails to attend Court, refuses at the hearing to make the affirmation or to answer any questions or otherwise fails to comply with the order, the Court will refer the matter to a Judge who may, subject to paragraph (2), impose a fine not exceeding US$10,000 against that person.
            (2) A fine for failing to attend Court may not be imposed unless the judgment creditor has complied with Rules 257(2) and 258.
            Amended on June 1, 2017

          • 256. Service of order

            An order to attend Court must, unless the Court otherwise orders, be served in accordance with a relevant practice direction.

          • 257. Travelling expenses

            (1) A person ordered to attend Court may, within 7 days of being served with the order, ask the judgment creditor to pay him a sum reasonably sufficient to cover his travelling expenses to and from Court.
            (2) The judgment creditor must pay such a sum if requested in accordance with any relevant practice direction.

          • 258. Judgment creditor's affidavit

            (1) The judgment creditor must file an affidavit or affidavits by the person who served the order giving such information as required by the relevant practice direction.
            (2) He must file the affidavit or affidavits not less than 2 days before the hearing, or produce them at the hearing.

          • 259. Conduct of the hearing

            (1) The person ordered to attend Court will be questioned on affirmation by a Court officer, unless the Court has ordered that the hearing shall be before a Judge.
            (2) The judgment creditor or his representative may attend and ask questions where the questioning takes place before a Court officer, and must attend and conduct the questioning if the hearing is before a Judge.

        • PART 31 PART 31 — Third Party Debt Orders

          • 260. Scope and interpretation

            (1) This Part contains rules which provide for a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor, referred to in this Part as a "third party debt order".
            (2) In this Part "bank or deposit-taker" includes any person carrying on a business in the course of which he lawfully accepts deposits in the Abu Dhabi Global Market or the Emirate.

          • 261. Application for third party debt order

            (1) An application for a third party debt order may be made without notice.
            (2) The application must contain the information required by the relevant practice direction.

          • 262. Interim third party debt order

            (1) An application for a third party debt order will initially be dealt with by the Court without a hearing.
            (2) The Court may make an interim third party debt order —
            (a) fixing a hearing to consider whether to make a final third party debt order; and
            (b) specifying the amount of money which the third party must retain to be calculated in accordance with the relevant practice direction and directing that until that hearing the third party must not make any payment which reduces the amount he owes to the judgment debtor to less than the amount specified in the order.
            (3) An interim third party debt order becomes binding on a third party when it is served on him.

          • 263. Service of interim third party debt order

            Copies of an interim third party debt order, the application notice and any documents filed in support of it must be served on the third party and on the judgment debtor in accordance with any relevant practice direction.

          • 264. Obligations of third parties served with interim order

            (1) A bank or deposit-taker served with an interim third party debt order must carry out a search to identify all accounts held with it by the judgment debtor, and must disclose to the Court and the judgment creditor within 7 days of being served with the interim order such details and information in respect of each account held by the judgment debtor as may be required by the order and any relevant practice direction.
            (2) If the judgment debtor does not hold an account with the bank or deposit-taker or the bank or deposit-taker is unable to comply with the interim order for any other reason, the bank or deposit-taker must inform the Court and the judgment creditor of that fact within 7 days of being served with the interim order.
            (3) Any third party other than a bank or deposit-taker served with an interim third party debt order must notify the Court and the judgment creditor in writing within 7 days of being served with the order, if he claims not to owe any money to the judgment debtor or to owe less than the amount specified in the interim order.

          • 265. Final third party debt order

            (1) Subject to paragraph (2), upon the application of a judgment creditor, the Court may make a final third party debt order requiring a third party to pay to the judgment creditor —
            (a) the amount of any debt due or accruing due to the judgment debtor from the third party; or
            (b) so much of that debt as is sufficient to satisfy the judgment debt and the judgment creditor's costs of the application.
            (2) The Court will not make a final third party debt order under paragraph (1) without first making an interim third party debt order as provided under Rule 262.
            (3) In deciding whether money standing to the credit of the judgment debtor in an account to which section 44 of the Regulations relates may be made the subject of a third party debt order, any condition in section 44 of the Regulations applying to accounts and any other condition applying to the account that a receipt for money deposited in the account must be produced before any money is withdrawn will be disregarded.

          • 266. Further consideration of the application

            (1) If the judgment debtor or the third party —
            (a) objects to the Court making a final third party debt order, he must file and serve written evidence stating the grounds for his objections;
            (b) knows or believes that a person other than the judgment debtor has any claim to the money specified in the interim third party debt order, he must file and serve written evidence stating his knowledge of that matter.
            (2) If —
            (a) the third party has given notice under Rule 264(3) that he does not owe any money to the judgment debtor, or that the amount which he owes is less than the amount specified in the interim third party debt order; and
            (b) the judgment creditor wishes to dispute this,
            (c) the judgment creditor must file and serve written evidence setting out the grounds on which he disputes the third party's case.
            (3) Written evidence under paragraphs (1) and (2) must be filed and served in accordance with the relevant practice direction.
            (4) At the hearing, the Court may —
            (a) make a final third party debt order;
            (a) discharge the interim third party debt order and dismiss the application;
            (b) decide any issues in dispute between the parties, or between any of the parties and any other person who has a claim to the money specified in the interim third party debt order; or
            (c) direct a trial of any such issues, and if necessary give directions.

          • 267. Effect of a final third party debt order

            A final third party debt order shall be enforceable as an order to pay money.

          • 268. Money in Court

            (1) If money is standing to the credit of the judgment debtor in Court the judgment creditor may not apply for a third party debt order in respect of that money, but he may apply, in accordance with the relevant practice direction, for an order that the money in Court, or so much of it as is sufficient to satisfy the judgment or order and the costs of the application, be paid to him; and
            (2) If an application notice has been issued under this Rule, the money in Court must not be paid out to the judgment creditor until the application has been disposed of.

        • PART 32 PART 32 — Charging Orders, Stop Orders And Stop Notices

          • 269. Scope of this Part and interpretation

            (1) This Part contains rules which provide for a judgment creditor to enforce a judgment by obtaining a charging order, a stop order or a stop notice over or against the judgment debtor's interest in an asset.
            (2) "Funds in Court" includes securities held in Court and "securities" means securities of any of the kinds specified in section 116(2)(b) of the Regulations

          • 270. Charging orders

            (1) Rules 270 to 277 apply to an application by a judgment creditor for a charging order under section 115 of the Regulations.
            (2) A judgment creditor may apply for a single charging order in respect of more than one judgment or order against the same debtor.
            (3) An application for a charging order may be made without notice.
            (4) The application must contain the information required by the relevant practice direction and be verified by a statement of truth.

          • 271. Interim charging order

            (1) An application for a charging order will initially be dealt with by the Court without a hearing.
            (2) The Court may make an interim charging order imposing a charge over the judgment debtor's interest in the assets to which the application relates and fixing a hearing to consider whether to make a final charging order as provided under Rule 275(2).

          • 272. Service of interim charging order

            (1) Copies of the interim charging order, the application notice and any documents filed in support of it must be served in accordance with the relevant practice direction on the judgment debtor and such other creditors as the Court directs.
            (2) If the interim charging order relates to an interest under a trust, the documents referred to in paragraph (1) must be served on such of the trustees as the Court directs.
            (3) If the interest charged is in securities other than securities held in Court, then service must be —
            (a) in the case of stock of any body incorporated within the Abu Dhabi Global Market, that body;
            (b) in the case of stock of any body incorporated outside the Abu Dhabi Global Market or of any state or territory outside the United Arab Emirates, which is registered in a register kept in the Abu Dhabi Global Market, the keeper of that register;
            (c) in the case of units of any unit trust in respect of which a register of the unit holders is kept in the Abu Dhabi Global Market, the keeper of that register; and
            (d) if the interest charged is in funds in Court, the Registrar.

          • 273. Effect of interim charging order in relation to securities

            (1) If a judgment debtor disposes of his interest in any securities, while they are subject to an interim charging order which has been served on him, that disposition shall not, so long as that interim order remains in force, be valid as against the judgment creditor.
            (2) A person served under Rule 272 (3) with an interim charging order relating to securities must not, unless the Court gives permission, permit any transfer of any of the securities or pay any dividend, interest or redemption payment relating to them.
            (3) If a person acts in breach of paragraph (2), he will be liable to pay to the judgment creditor an amount calculated in accordance with the relevant practice direction.
             

          • 274. Effect of interim charging order in relation to funds in Court

            If a judgment debtor disposes of his interest in funds in Court while they are subject to an interim charging order which has been served on him and on the Registrar in accordance with Rule 272, that disposition shall not, so long as that interim charging order remains in force, be valid as against the judgment creditor.

          • 275. Further consideration of the application

            (1) If any person objects to the Court making a final charging order, he must apply to the Court in accordance with the relevant practice direction.
            (2) At the hearing, the Court may —
            (a) make a final charging order confirming that the charge imposed by the interim charging order shall continue, with or without modification;
            (b) discharge the interim charging order and dismiss the application;
            (c) decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the Court making a final charging order; or
            (d) direct a trial of any such issues, and if necessary give directions.
            (3) If the Court makes a final charging order which charges securities other than securities held in Court, the order will include a stop notice unless the Court otherwise orders.

          • 276. Enforcement of charging order by sale

            (1) Subject to the provisions of any ADGM enactment, the Court may, upon a claim by a person who has obtained a charging order over an interest in property (including real property), order the sale of the property to enforce the charging order.
            (2) The claimant must use the Rule 30 procedure, file a copy of the charging order with the claim form and ensure that his written evidence includes the information required by the relevant practice direction.

          • 277. Stop Orders

            "Stop order" means an order of the Court of First Instance not to take, in relation to funds in Court or securities specified in the order, any of the steps listed in section 119(5) of the Regulations.

          • 278. Application for stop order

            (1) The Court of First Instance may make a stop order —
            (a) relating to funds in Court, on the application of any person who has a mortgage or charge on the interest of any person in the funds or to whom that interest has been assigned or who is a judgment creditor of the person entitled to that interest; or
            (b) relating to securities other than securities held in Court, on the application of any person claiming to be beneficially entitled to an interest in the securities.
            (2) An application for a stop order must be made in accordance with the relevant practice direction, and must be served on every person specified in the application in accordance with Part 4 of these Rules..

          • 279. Stop order relating to funds in Court

            A stop order relating to funds in Court shall prohibit the transfer, sale, delivery out, payment or any other dealing with the funds or any part of them or any income on the funds.

          • 280. Stop order relating to securities

            (1) A stop order relating to securities other than securities held in Court may prohibit all or any of the steps set out in the relevant practice direction.
            (2) The order must specify the securities to which it relates, the name in which the securities stand, the steps which may not be taken; and whether the prohibition applies to the securities only or to the dividends or interest as well.

          • 281. Stop Notices

            (1) "Stop notice" means a notice issued by the Court of First Instance which requires a person or body not to take, in relation to securities specified in the notice, any of the steps listed in section 119(5) of the Regulations, without first giving notice to the person who obtained the notice.
            (2) "Securities" referred to in paragraph (1) do not include securities held in Court.

          • 282. Request for stop notice

            (1) The Court may, on the request of any person claiming to be beneficially entitled to an interest in securities, issue a stop notice.
            (2) A request for a stop notice must be made by filing a draft stop notice and written evidence which sets out the matters required by the relevant practice direction.
            (3) If the Court considers that the request complies with paragraph (2), it will issue a stop notice which the applicant must serve, together with his written evidence, on the person to whom the stop notice is addressed.

          • 283. Effect of stop notice

            (1) A stop notice takes effect when it is served in accordance with Rule 282 (3) and remains in force unless it is withdrawn or discharged in accordance with the relevant practice direction.
            (2) While a stop notice is in force, the person on whom it is served must not register a transfer of the securities described in the notice or take any other step restrained by the notice without first giving 14 days' notice to the person who obtained the stop notice.
            (3) The person on whom the stop notice is served may not, by reason only of the notice, refuse to register a transfer or to take any other step, after he has given 14 days' notice under paragraph (2) and that period has expired.

          • 284. Amendment of stop notice

            (1) If any securities are incorrectly described in a stop notice which has been obtained and served in accordance with Rule 282, the applicant may request an amended stop notice in accordance with those paragraphs.
            (2) The amended stop notice will take effect when it is served.
            Amended on June 1, 2017

        • PART 33 PART 33 — Applications In Relation To Contempt Of Court

          • 285. Scope and Interpretation

            (1) This Part sets out the procedure in respect of contempt of Court.
            (2) So far as applicable, and with the necessary modifications, this Part applies in relation to an order requiring a person found to be in contempt of Court or punishable by virtue of any ADGM enactment as if that person had been found to be in contempt of the Court of First Instance to pay a fine or to give security for good behaviour.
            (3) Unless otherwise stated, this Part applies to proceedings in the Court of Appeal and all Divisions of the Court of First Instance.

          • 286. Saving for other powers

            (1) This Part is concerned only with procedure, and does not itself confer upon the Court the power to make an order for the imposition of a fine in respect of contempt of Court.
            (2) Nothing in this Part affects the power of the Court to make an order requiring a person found to be in contempt of Court or who is punishable by virtue of any ADGM enactment as if that person had been found to be in contempt of the Court of First Instance, to pay a fine or give security for good behaviour.

          • 287. Penalty for breach of a Judgment, Order or Undertaking to do or abstain from doing an act

            (1) If a person required by a judgment or order to do an act does not do it within the time fixed by the judgment or order, or disobeys a judgment or order not to do an act, the judgment or order may be enforced by an order for a penalty.
            (2) If the time fixed by the judgment or order for doing an act has been varied by a subsequent order or agreement of the parties, then references in paragraph (1) to the time fixed are references to the time fixed by that subsequent order or agreement.
            (3) If the person referred to in paragraph (1) is a company or other corporation or a partnership, the penalty order may be made —
            (a) in the case of a company or other corporation, against any director or other officer of that company or corporation; and
            (b) in the case of a partnership, against any partner with a managerial position.
            (4) So far as applicable, and with the necessary modifications, this Rule applies to undertakings given by a party as it applies to judgments and orders.
            (5) Unless the Court dispenses with service or a rule, relevant practice direction or other ADGM enactment provides otherwise, a judgment or order may not be enforced unless a copy of it has been served on the person required to do the act or not do the act in question and, in the case of a judgment or order requiring a person to do an act, in accordance with and within the time provided by, the judgment or order.

          • 288. Penalty application under Rule 287

            (1) A penalty application under Rule 287 is made by an application notice under Part 8 in the proceedings in which the judgment or order was made or the undertaking was given.
            (2) Where the penalty application is made against a person who is not an existing party to the proceedings, it is made against that person by an application under Part 8.
            (3) The application notice must set out the matters required by the relevant practice direction, be supported by one or more affidavits containing all the evidence relied upon and, subject to paragraph (4), be served, together with the evidence in support, on the respondent.
            (4) The Court may dispense with service under paragraph (3) if it considers it just to do so.

          • 289. Penalty for Interference with the due administration of justice

            (1) This Rule regulates penalty applications in relation to interference with the due administration of justice in connection with proceedings in the Court of Appeal, the Court of First Instance or in an inferior court, panel or tribunal, except where the contempt is committed in the face of the Court or consists of disobedience to an order of the Court or a breach of an undertaking to the Court.
            (2) This Rule also regulates penalty applications otherwise than in connection with any proceedings.
            (3) A penalty application under this Rule may be made without the permission of the Court.

          • 290. Penalty application under Rule 289

            (1) Where contempt of Court is committed in connection with any proceedings in the Court of Appeal or the Court of First Instance, the penalty application may be made only to the Chief Justice.
            (2) Where contempt of Court is committed in connection with any proceedings in an inferior court, panel or tribunal, the penalty application may be made only to a Judge of the Courts, other than the Chief Justice, who is sitting in the Court of First Instance.
            (3) The penalty application must be made by a Rule 30 claim form, which must include or be accompanied by the statements and documents required by the relevant practice direction and be served in accordance with the relevant practice direction.

          • 291. Contempt in the face of the Court

            Where contempt has occurred in the face of the Court, the Court may deal with the matter of its own initiative and give such directions as it thinks fit for the disposal of the matter

          • 292. False statement or disclosure

            (1) This Rule contains rules about penalty applications in relation to making or causing to be made a false statement in a document or a false disclosure statement without an honest belief in its truth.
            (2) Where the penalty application relates only to a false statement or disclosure statement, Rule 287 applies.
            (3) Where the penalty application relates to both a false statement or disclosure statement and a breach of a judgment, order or undertaking to do or abstain from doing an act, Rule 287 applies.
            (4) Where the penalty application relates to both a false statement or disclosure statement and other interferences with the due administration of justice, Rule 289 applies.

          • 293. Penalty application in relation to a false statement or disclosure statement

            A penalty application in relation to a false statement or disclosure statement may be made only by any party to the proceedings in which the false statement or disclosure statement was made or by the Chief Justice.

          • 294. Contravention of section 96 of the Regulations

            (1) This Rule applies where it is alleged that any person has committed a contravention under section 96 of the Regulations by wilfully insulting a judge, witness or any officer of the Court of by wilfully interrupting the proceedings of the Court or otherwise misbehaving in Court.
            (2) The Court will issue a summons, which must be served on the alleged contravener in accordance with any directions of the Court.

          • 295. Non-payment of fine

            (1) If a fine is not paid in accordance with the order imposing it, the Registrar will, as soon as reasonably possible, report the matter to a Judge.
            (2) Where by an order imposing a fine the amount of the fine is directed to be paid in instalments and default is made in the payment of any instalment, the same proceedings may be taken as if default had been made in payment of the whole of the fine.
            (3) If the Court makes an order for payment of a fine to be enforced by writ of control, the order will be treated as an application to the Court for the issue of the writ at the time when the order was made.

          • 296. Repayment of fine

            If a person pays a fine, and later gives evidence to satisfy the Court that if the evidence had been given earlier no fine or a smaller fine would have been imposed, the Court may order the whole or part of the fine to be repaid.

        • PART 34 PART 34 — Reciprocal Recognition And Enforcement Of Judgments Of Other Jurisdictions

          • 297. Interpretation and scope

            (1) In this Part —
            (a) "applicable treaty" means a treaty between the United Arab Emirates and a foreign country relating to the mutual recognition and enforcement of judgments;
            (b) "judgment" means a judgment, decision or order given or made by a recognised court in any civil proceedings;
            (c) "recognised court" means the judicial authorities of the Emirate and Emirate Members of the United Arab Emirates, courts of countries which have entered into applicable treaties, and a recognised foreign court;
            (d) "recognised foreign court" means a court recognised by the Courts in accordance with the procedure set out in section 171 of the Regulations;
            (2) This Part also applies to any arbitral award which has, in pursuance of the law in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.
            Amended on June 1, 2017

          • 298. Applications for registration

            (1) An application for registration of a recognised court's judgment is made by filing a claim in the Court of First Instance.

            To apply to register a judgment of the judicial authorities of the Emirate or the Emirate Members of the United Arab Emirates, the claim must be supported by the documents set out in the relevant practice direction.
            (2) To apply to register a judgment of a recognised court, other than the judicial authorities of the Emirate or the Emirate Members of the United Arab Emirates, the claim must be supported by an affidavit and the documents required by the relevant practice direction.
            Amended on June 1, 2017

          • 299. Security for costs

            A judgment creditor may apply for security for costs of the claim for registration of a recognised court's judgment; any proceedings commenced to set aside the registration; and any appeal against the granting of the registration, as if the judgment creditor was a claimant.

          • 300. Service of notice of registration of judgment

            Following the granting of a registration order by the Court, the judgment creditor must serve the registration order on the judgment debtor in accordance with Rule 15 and within 21 days after the date of issuing of the order or within such other period as the Court may order otherwise.

          • 301. Applications to set aside registration

            (1) Section 175 of the Regulations prescribes the claims in which registered judgments must or may be set aside.
            (2) An application to set aside registration of a judgment must be made by application notice filed in the claim in which the judgment was registered within the time specified in the registration order.
            (3) Section 173(5) of the Regulations provides that where any party has made an application to have the registration of a judgment set aside, the judgment shall not be enforced until after the application has been finally determined.

        • PART 35 PART 35 — Enforcement Of The Court's Judgments

          • 302. Procedure for enforcement of Courts' judgments

            (1) In this Part, "judgment" includes decisions, orders or arbitral awards that have been recognised by the Court.
            (2) An application for a certified copy of a judgment of the Court made by any judgment creditor seeking to enforce it outside of ADGM must be supported by the documents set out in the relevant practice direction.
            (3) A judgment creditor seeking to enforce a judgment of the Court by the judicial authorities of the Emirate or the Emirate Members of the United Arab Emirates must comply with the applicable provisions of any relevant memorandum of understanding and practice direction.
            Amended on June 1, 2017

        • PART 36 — Court-Annexed Mediation

          Amended 25 February 2019.

          • 303. Interpretation

            In this part, "court-annexed mediation" means the mediation services provided by ADGM Courts and conducted in accordance with the relevant practice direction.

             

          • 304. Referral to mediation

            (1) In accordance with the relevant practice direction, a dispute may be referred to court-annexed mediation:
            (a) voluntarily by all parties to the dispute prior to or after commencement of proceedings; or
            (b) by an order of the Court.
            (2) The Court will expect the parties to have considered whether mediation might enable the settlement of the dispute prior to the commencement of proceedings. Parties should continue to consider the possibility of reaching a settlement at all times, including after commencement of proceedings.

             

          • 305. Voluntary referral to mediation

            Parties may refer their dispute to court-annexed mediation prior to the commencement of proceedings, provided that the Court ordinarily would have jurisdiction to hear the dispute if proceedings were to be commenced.

            Inserted on February 25, 2019

          • 306. Court-ordered mediation

            (1) If proceedings have been commenced, the parties may be required by the Court to provide evidence that a mediation has been considered or taken place. For the avoidance of doubt, in complying with this Rule the parties will not be required to divulge any information or documentation that was exchanged or discussed on a without prejudice basis within such mediation.
            (2) In accordance with the Court's general powers of management under Rule 8(1), the Court may, on its own initiative or upon the application of any party, make an order referring the dispute or any part of the dispute to court-annexed mediation, where in the opinion of the Court such order appears appropriate.
            (3) Whilst the making of an order referring a dispute to court-annexed mediation is at all times a matter for the discretion of the Court, should the Court make such an order, in the normal course it will do so at the first case management conference unless there is a compelling reason why such an order should not be made at that stage.

             

          • 307. Costs

            In exercising its discretion as to costs in the proceedings, the Court may take into account the parties' conduct in relation to any attempt to resolve the dispute by mediation.

             

      • ADGM Court Procedure Rules Amendment No 1 Of 2017

        View PDFView PDF

        Date of Enactment: 1 June 2017

        The Chief Justice of Abu Dhabi Global Market Courts, having power under section 187 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015 to make court procedure rules, hereby enacts the following —

        Amendments to ADGM Court Procedure Rules 2016

        The ADGM Court Procedure Rules are amended as follows:

        (1) In Rule 3(1)(b) the words "of Directors" shall be deleted.
        (2) A new Rule 3(6) shall be inserted as follows:

        "Any term that is not defined in these Rules has the same meaning as that attributed to it in the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015."
        (3) A new Rule 8(1) shall be inserted as follows:

        "The Court may make any order, give any direction or take any step it considers appropriate for the purpose of managing the proceedings and furthering the overriding objective of these Rules."
        (4) Rules 8(1) to 8(5) shall be renumbered 8(2) to 8(6).
        (5) In renumbered Rule 8(4), the reference to paragraph (2) shall be replaced by a reference to paragraph (3).
        (6) In Rule 10(1), the words "relevant Fees Order" shall be deleted and replaced by the word "Court".
        (7) In Rule 10(2), the words "by the Chief Justice" shall be inserted directly after the words "Where a fee is prescribed by any rule made"; the reference to section 184 shall be replaced by a reference to section 184(1); and the words "accept a document or refuse to" shall be inserted before the words "allow a party to take any step unless and until the relevant fee is paid."
        (8) A new Rule 10(3) shall be inserted as follows:

        "A party may seek full or part remission or deferral of payment of any fee in accordance with the relevant practice direction."
        (9) In Rule 13(2), the words "Unless the Court otherwise directs," shall be inserted before the words "no document may be filed unless the relevant fee is paid."
        (10) A new Rule 15(1) shall be inserted as follows:

        "All documents, other than one which initiates proceedings, must be served by email or other means of electronic communication in accordance with any relevant practice direction."
        (11) Rule 15(1) shall be renumbered 15(2) and the words "which initiates the proceedings" shall be inserted directly after the words "A document".
        (12) Rule 15(2)(d) shall be deleted.
        (13) Rule 15(2)(e) shall be renumbered 15(2)(d).
        (14) Rule 15(2) shall be renumbered 15(3) and the words "For the purpose of initiating proceedings," shall be inserted before the words "a company may be served".
        (15) Rule 15(3) shall be renumbered 15(4) and the words "For the purpose of initiating proceedings," shall be inserted before the words "a limited liability partnership may be served".
        (16) In Rule 16(1), the word "personally" shall be deleted and replaced by the words "by any other method".
        (17) In Rule 24(2), the words "(including the particulars of claim)" shall be deleted.
        (18) In Rule 25, the words "and the defendant does not appear at the hearing," shall be deleted.
        (19) A new Rule 27(3)(d) shall be inserted as follows:

        "contain any other matter that may be set out in a practice direction."
        (20) In Rule 28(1), the words "on the calendar day 4 months after the date of issue of the claim form" shall be deleted and replaced by the following paragraphs:
        "(a) in relation to a claim in the Small Claims Division of the Court, on the calendar day 14 days after the date of issue of the claim form; and"
        "(b) in relation to all other claims, on the calendar day 4 months after the date of issue of the claim form."
        (21) In Rule 28(2), the words "within 6 months of the date of issue" shall be deleted and replaced by the following paragraphs:
        "(a) in relation to a claim in the Small Claims Division of the Court, no later than the calendar day 21 days of the date of issue of the claim form; and
        "(b) in relation to all other claims, no later than the calendar day 6 months of the date after the date of issue of the claim form."
        (22) In Rule 37(1), the words "Unless paragraph (2) applies, the" shall be deleted and replaced by the word "The".
        (23) Rule 37(2) shall be deleted.
        (24) In Rule 44(1), the words "Unless paragraph (2) of this Rule applies," shall be deleted, and the word "a" before "defendant" shall be replaced by the word "A".
        (25) Rule 44(2) shall be deleted.
        (26) Rules 44(3) to (5) shall be renumbered 44(2) to (4).
        (27) Rule 47(3) shall be deleted.
        (28) Rule 48 shall be renamed "The defence" and shall be amended so that it reads as follows:

        "The defence must contain the matters set out in Rule 49 and as may be set out in a practice direction."
        (29) In Rule 71(1)(d), the reference to sub-paragraph (b) shall be replaced by a reference to sub-paragraph (c).
        (30) In Rule 71(2), the reference to paragraph (1)(b) shall be replaced by a reference to paragraph (1).
        (31) A new Rule 86(3) shall be inserted as follows:

        "Standard disclosure requires a party to disclose all the documents on which he will rely at trial."
        (32) Rules 86(3) and 86(4) shall be renumbered 86(4) and 86(5).
        (33) Rule 87(1) shall be deleted.
        (34) Rules 87(2) to (4) shall be renumbered 87(1) to (3).
        (35) In the renumbered Rule 87(1), the words "falling within paragraphs (1) and (2)" shall be deleted and replaced by the words "falling within the terms of the order."
        (36) In Rule 136(2), the words "paragraph (1)" shall be deleted and replaced by the words "this Section of this Part,".
        (37) In Rule 147(2), the words "to the party instructing them at least 7 days before they file the requests; and to all other parties, at least 4 days before they file them." shall be inserted directly after the words "They must, unless the Court orders otherwise, provide copies of the proposed requests for directions under paragraph (1)".
        (38) In Rule 157(1) the words "paragraph (2)" shall be deleted and replaced by the words "this Rule".
        (39) In Rule 157(2) the words "paragraph (1)" shall be deleted and replaced by the words "this Rule".
        (40) In Rule 163(4), the reference to paragraph (6) shall be replaced by a reference to paragraph (5).
        (41) In Rule 164(4), the reference to Rule 154(1) shall be replaced by a reference to Rule 154.
        (42) In Rule 165(2), the reference to Rule 152 shall be replaced by a reference to Rule 154.
        (43) In Rule 186(3), the words "date and" shall be inserted directly after the words "at a future".
        (44) In Rule 191(3), both references to paragraph (2) shall be replaced by references to paragraph (1), and the reference to Rule 202 shall be replaced by a reference to Rule 192.
        (45) In Rule 193(1), the reference to Rule 201 shall be replaced by a reference to Rule 191(1).
        (46) In Rule 194, the words "an order" shall be deleted and replaced by the words "any rule" and the words "and until" shall be inserted before the words "the relevant fee is paid."
        (47) A new Rule 205(7) shall be inserted as follows:

        "A party who wishes to respond to a notice of appeal must, within 21 days of service of the notice, file and serve on the other parties to the proceedings a written response made in the appropriate form in accordance with the relevant practice direction."
        (48) Rule 205(7) shall be renumbered 205(8).
        (49) Rule 206 shall be renamed "Appeals from the Court of First Instance (except for the Small Claims Division) to the Court of Appeal".
        (50) Rule 207 shall be renamed "Objection by respondent".
        (51) Rule 207(1) shall be amended so that it reads as follows:

        "A respondent who wishes to object to an application for permission to appeal to the Court of Appeal must, within 21 days after service, file and serve on the applicant and other parties to the application a written argument in response to the application in accordance with the relevant practice direction."
        (52) Rule 207(2) shall be deleted.
        (53) Rule 207(3) shall be renumbered 207(2) and the words "a notice under this Rule" shall be deleted and replaced by the words "and serve a written argument in response".
        (54) In Rule 220(3), the reference to paragraph (2) shall be replaced by a reference to paragraph (1).
        (55) In Rule 224(1), the words "this rule" should be deleted and replaced by "Rule 221" and the reference to Rule 220(2) shall be replaced by a reference to Rule 222(2).
        (56) In Rule 255(1), the reference to paragraph (7) shall be replaced by a reference to paragraph (2).
        (57) In Rule 273(3), the reference to Rule 282(3) shall be replaced by a reference to Rule 272(3).
        (58) In Rule 284(1), the reference to Rule 283 shall be replaced by a reference to Rule 282.
        (59) In Rule 297(1)(b) the words "for the payment of money" shall be deleted.
        (60) Rule 298(2) shall be amended so that it reads as follows:

        "To apply to register a judgment of the judicial authorities of the Emirate or the Emirate Members of the United Arab Emirates, the claim must be supported by the documents set out in the relevant practice direction."
        (61) Rule 298(3) shall be amended so that it reads as follows:

        "To apply to register a judgment of a recognised court, other than the judicial authorities of the Emirate or the Emirate Members of the United Arab Emirates, the claim must be supported by an affidavit and the documents required by the relevant practice direction."
        (62) Rule 302(2) shall be amended so that it reads as follows:

        "An application for a certified copy of a judgment of the Court made by any judgment creditor seeking to enforce it outside of ADGM must be supported by the documents set out in the relevant practice direction."
        (63) Rule 302(3) shall be amended so that it reads as follows:

        "A judgment creditor seeking to enforce a judgment of the Court by the judicial authorities of the Emirate or the Emirate Members of the United Arab Emirates must comply with the applicable provisions of any relevant memorandum of understanding and practice direction."

        • ADGM Court Procedure Rules Amendment No 1 of 2017

          Click herehere to view the ADGM Court Procedure Rules.

        • PRACTICE DIRECTIONS

          Pursuant to section 191 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, the Chief Justice has made the following Practice Directions for ADGM Courts. The Practice Directions came into force on 30 May 2016.

          Description Format
          Practice Direction 1 — General PDF Version Web Version
          Practice Direction 2 — Commercial and Civil Claims PDF Version Web Version
          Practice Direction 3 — Small Claims PDF Version Web Version
          Practice Direction 4 — Employment Claims PDF Version Web Version
          Practice Direction 5 — Particular Claims PDF Version Web Version
          Practice Direction 6 — Service of Documents PDF Version Web Version
          Practice Direction 7 — Applications PDF Version Web Version
          Practice Direction 8 — Evidence PDF Version Web Version
          Practice Direction 9 — Costs PDF Version Web Version
          Practice Direction 10 — Enforcement PDF Version Web Version
          Practice Direction 11 — Appeals PDF Version Web Version
          Practice Direction 12 — Forms PDF Version Web Version
          Practice Direction 13 — Court-Annexed Mediation PDF Version Web Version
          Practice Direction 14 — Insolvency PDF Version Web Version

          • ADGM Court Procedure Rules Amendment No 2 Of 2017

            View PDFView PDF

            Date of Enactment: 11 December 2017

            The Chief Justice of Abu Dhabi Global Market Courts, having power under section 187 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015 to make court procedure rules, hereby enacts the following –

            Amendments to ADGM Court Procedure Rules 2016

            The ADGM Court Procedure Rules are amended as follows:

            (1) In Rule 64(1), the words "an applicant" in the second line shall be deleted and replaced by the words "a party who wishes to apply to the Court for orders"; the word "written" shall be deleted and replaced by the words "witness statement"; and the words "from the Court. The application notice must include any matters that may be set out in a practice direction" shall be inserted directly after the word "seeking".
            (2) A new Rule 64(3) shall be inserted as follows:

            "An application for an interim remedy may be made by a person who intends to file a claim only if the matter is urgent. A person who wishes to apply to the Court for an interim remedy prior to a claim being filed must file an application notice together with any witness statement evidence in support and a draft of the order which the applicant is seeking from the Court. The application notice must also include any matters that may be set out in a practice direction."
            (3) A new Rule 64(4) shall be inserted as follows:

            "A person making an application under paragraph (3) must give an undertaking to the Court at the time of filing the application notice to the effect that the applicant will file a claim within 2 days after the application notice is filed, unless the Court orders otherwise."
            (4) Rule 64(3) shall be renumbered 64(5) and shall be amended so that it reads as follows:

            "Application notices, the witness statement evidence in support and the draft order must be served by the applicant on each respondent:
            (a) as soon as practicable after it is filed; and
            (b) except where another time limit is specified in these Rules or a relevant practice direction, and where the Court previously has set a hearing date for the application, for at least 3 days before the hearing.
            (5) Rule 64(4) shall be renumbered 64(6) and shall be amended so that it reads as follows:

            "An application may be made without notice if this is permitted by a rule, a practice direction or is with the Court's permission. The Court's permission will be granted only where:
            (a) there is exceptional urgency;
            (b) it is otherwise desirable to do so in the interests of justice; or
            (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application."
            (6) Rule 64(5) shall be renumbered 64(7) and shall be amended so that it reads as follows:

            "This Rule does not require witness statement evidence to be filed if such already have been filed, nor to be re-served on a party upon whom such already have been served."
            (7) A new Rule 64(8) shall be inserted as follows:

            "The Court may make directions as it considers appropriate in relation to any application that is filed, including in relation to its hearing."
            (8) A new Rule 64(9) shall be inserted as follows:

            "Practice directions may set out the steps to be taken or evidence to be filed by persons or parties in relation to applications."
            (9) In Rule 65(1), the words "witness statement" shall be inserted directly after the words "a copy of the application notice and any".
            (10) A new Rule 65(2) shall be inserted as follows:

            "On all applications made without notice, the applicant and those representing him must make full disclosure of any matter which, if the respondent was represented, the respondent would wish the Court to be aware of, including any possible defences that may be available to the respondent."
            (11) Rules 65(2) and 65(3) shall be renumbered 65(3) and 65(4).
            (12) In the renumbered Rule 65(3), the reference to "paragraph (3)" shall be replaced by "paragraph (4)".
            (13) In Rule 67, the word "totally" shall be deleted from the heading of this rule and directly before the words "without merit,".
            (14) In Rule 71(1)(j) the reference to "section (36)" shall be replaced by "section (35)".
            (15) In Rule 71(1)(k) the reference to "section (37)" shall be replaced by "section (36)".
            (16) In Rule 71(1)(l) the reference to "section (35)" shall be replaced by "section (37)".
            (17) A new Rule 72(3) shall be inserted as follows:

            "Where a person wishes to apply for an interim remedy before a claim has been made, the application must be made in accordance with Part 8 of these Rules."
            (18) Rules 72(3) to (7) shall be renumbered 72(4) to (8).
            (19) In the renumbered Rule 72(6) the word "should" shall be deleted and replaced by the word "may" and the words "requiring a" shall be deleted and replaced by the words "regarding the".
            (20) In Rule 86(3), the words ", except for documents that have already been submitted by another party" shall be inserted directly after the word "trial".
            (21) In Rule 86(5) the words "further or" shall be inserted directly after the words "The Court may make an order for" and the word "for" shall be inserted directly after the words "specific disclosure or".
            (22) In the heading of Rule 87 the words "further or specific" shall be inserted directly after the words "Duties where".

            • PRACTICE DIRECTION 1 GENERAL

              Click here to view a PDF version of Practice Direction 1

              Date re-issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016(“CPR”). Any reference to a Rule in this Practice Direction is a reference to the CPR.  Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules.

              Unless the Court orders otherwise, the following provisions shall apply.

              A. REGISTRY
              1.1 ADGM Courts' Registry is located in the ADGM Authorities Building, Al Maryah Island, Abu Dhabi.
              1.2 Documents cannot be filed in person at the Registry unless the Court has made an order requiring or permitting a party to do so or the Registrar is satisfied that the party seeking to file the document is unable to access the eCourts Platform.
              1.3 Registry staff can explain and answer questions of an administrative or procedural nature, such as the correct form to use or the listing dates of parties' cases. Parties or their representatives are strongly encouraged to send any enquiries to the Registry via email to enquiry@adgmcourts.com.
              1.4 Registry staff cannot provide legal advice about any claim or assist any party to complete a form.
              B. FORMS
              1.5 Prescribed forms are published on ADGM Courts' website. All documents filed with ADGM Courts must comply with the requirements of the relevant prescribed form, including font size, margins and pagination. Failure to adhere to the requirements of the prescribed form may lead to the rejection of a document for filing.
              C. FEES
              Remission or deferral of fees [r.10]
              1.6 Where a party applies for full or part remission, or deferral of payment, of any court fees:
              (a) that party must set out in the relevant application form a statement of the grounds on which that party seeks full or part remission, or deferral of payment, of the court fees;
              (b) a person appointed by the Registrar to decide on a party’s application for remission or deferral of court fees shall decide without any hearing whether to grant that party’s application;
              (c) if a party wishes to dispute a decision on any such application, the party may apply to have the decision reviewed by the Registrar; and
              (d) the Registrar’s decision on review shall be final and not subject to further administrative review.
              D. ELECTRONIC SERVICES
              1.7 To ensure accessibility, efficiency and fairness for all parties, ADGM Courts’ operations and services are fully digitised.
              1.8 Parties may submit documents for filing by the Court at any time and on any day of the year, which will be date stamped and sealed upon review by the Registrar, subject to payment of any applicable court fees. Rule 6 provides for the calculation of periods of time.
              1.9 With the exception of applications made without notice under Rule 64(6), or as otherwise provided for in a relevant practice direction, parties must file all documents using the ADGM Courts’ electronic filing and case management systems, known as the “eCourts Platform”, in accordance with the requirements set out in this Practice Direction. Applications made without notice are to be submitted to the Court by email to registry@adgmcourts.com.
              E. ELECTRONIC FILING
              Definitions
              1.10 In this section:
              (a) the "eCourts Platform" means the ADGM Courts electronic filing and case management systems;
              (b) "coversheet" means the page that is generated by the eCourts Platform and attached as a first page to a document filed in the Court that includes: details of the date and time of filing of the document; the parties to the case; the seal of the Court; a Court officer’s signature; the case number; and, if applicable, the listing of the case;
              (c) "document" means a document submitted for filing in the Court and includes any attachment that forms part of or accompanies that document;
              (d) "registered user" means a person or an organisation who has registered as a user of the eCourts Platform; and
              (e) "upload", in relation to a document, means to transfer an electronic version of the document from a computer or other device to the eCourts Platform.
              Registration of users
              1.11 Any person or organisation may apply to be a registered user of the eCourts Platform by completing and submitting the online application form and agreeing to comply with the terms and conditions published on that platform.
              1.12 A person or organisation must be registered to file a document with the Court. A person or an organisation can apply for registration at www.adgmcourts.com.
              Requirements for electronic filing of uploaded documents
              1.13 A true and complete copy of each document must be uploaded in a format that is permitted by the eCourts Platform.
              1.14 The eCourts Platform has the capability to “parse” (read or copy) the content of certain sections of documents that have been converted from a Word version of any document to a PDF version (but not a scanned PDF). Accordingly, the PDF version of a form is the preferred format of the eCourts Platform for those documents that are appropriate to be in that format. For example, a claim form filed by a lawyer representing the claimant who is also verifying the claim should adopt that format. Conversely, a witness statement will need to be uploaded in the format of a PDF scan to ensure that the witness’ signature appears on the statement.
              1.15 Each document uploaded must be accurately described, as required by the eCourts Platform. For example, if the document is an affidavit, the description of the document must include the name of the deponent and the date that the affidavit was sworn or affirmed.
              1.16 If a document that is required to be signed is uploaded in the format of a scanned PDF, the document must include a clear, legible copy of the signature of the person who signed the document. All scanned PDF documents uploaded to the eCourts Platform should be OCR (Optical Character Recognition) readable.
              1.17 If an affidavit or witness statement is uploaded, it must include:
              (a) a clear, legible copy of the signature of the deponent of the affidavit or person making the statement; and
              (b) if the document is required to be witnessed, a clear, legible copy of the signature of the witness.
              1.18 Where any rule or practice direction requires a document to be signed, that requirement shall be satisfied if the signature is electronic.
              1.19 A party who has filed a document via the eCourts Platform is taken to have agreed that, if the Court so requires, they will file the original document in accordance with the Court’s directions.
              1.20 Without limiting any other provision at law, the original signed copy of a document that has been filed via the eCourts Platform must be kept until the later of:
              (a) 2 years from after the date the proceedings in which the document was filed are determined by judgment, order or discontinuance; or
              (b) if the proceedings in which the document was filed is appealed, 2 years after the date that appeal is determined by judgment, order or discontinuance.
              Acceptance of electronically filed documents
              1.21 Subject to paragraphs 1.8 and 1.21, a document is taken to have been filed when the eCourts Platform attaches a coversheet to the document and places it on the court file for the case. For the avoidance of doubt, the coversheet is taken to be part of the document.
              1.22 Despite a document being accepted by the Court by the attachment of a coversheet and its placement on the court file, the document may subsequently be rejected by the Court if the document fails to comply with any requirements of the prescribed form or the rules in relation to such a document, or by direction or order of the Court.
              F. SERVICE OF DOCUMENTS [Part 4]
              1.23 It is the responsibility of the claimant to serve the claim form on all other parties to the proceedings. Subject to Rule 15(1), a claim form may be served by any method provided for under Rule 15(3).
              1.24 In relation to all other documents, subject to Rule 15(1):
              (a) where a person to be served has access to the eCourts Platform (including through a legal representative), all documents shall be served on that person through the eCourts Platform; and
              (b) where a person to be served does not have access to the eCourts Platform (including through a legal representative), a document other than a claim form may be served on that person under Part 4 as if the document were a claim form.
              1.25 Part 4 of the CPR (along with Practice Directions 2, 3, 4 and 6) provides for how and where to serve a claim form.
              1.26 Practice Direction 5 – Particular Claims, includes provisions that require some documents to be served personally.
              1.27 A party may prove service of a document by filing a certificate of service in accordance with Form CFI 31. Any supporting document which demonstrates that service was effected must be attached to the certificate of service.
              G. ACCESS TO COURT RECORDS
              1.28 For the purpose of Rule 14, persons seeking to obtain access to court records are to do so in accordance with Form CFI 35. For non-parties, any application for access to courts records must state the reasons for the application. Completed forms must be sent by email to the Registry at registry@adgmcourts.com
              H. LAWYERS
              1.29 In the Rules, and in practice directions, “lawyer” has the meaning given to it in the Regulations.
              1.30 Sections 219 and 220 of the Regulations provides for when a lawyer has the right of audience before the Court and when a lawyer has the right to conduct litigation in relation to proceedings in the Court.
              Ceasing to act [r.192 and r.193]
              1.31 A lawyer who seeks leave of the Court for the purpose of Rule 192:
              (a) must apply to the Court in writing using Form CFI 36;
              (b) must serve that application on the party for whom the lawyer is acting; and
              (c) if the order is made, must serve the order on the party for whom the lawyer was acting.
              1.32 A party who seeks an order declaring that a lawyer who has acted for another party in a proceeding has ceased to be the lawyer acting for that other party (whether because the lawyer has died, has become bankrupt, has ceased to practice or cannot be found):
              (a) must apply to the Court in writing using Form CFI 36;
              (b) must serve that application on the party for whom the lawyer was acting; and
              (c) if the order is made, must serve the order on the party for whom the lawyer was acting.
              1.33 For the purpose of Rule 192(2):
              (a) a notice of intention of ceasing to act shall be in accordance with Form CFI 42; and
              (b) a notice of ceasing to act shall be in accordance with Form CFI 43.
              Amended on July 7, 2020

            • PRACTICE DIRECTION 2 COMMERCIAL AND CIVIL CLAIMS

              Click herehere to view a PDF version of Practice Direction 2

              Date re-issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Any reference to a Rule in this Practice Direction is a reference to the CPR. Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules.

              This Practice Direction must be read in conjunction with:
              • Practice Direction 1 - General
              • Practice Direction 5 - Particular Claims
              • Practice Direction 6 - Service of Documents
              • Practice Direction 7 - Applications
              • Practice Direction 8 - Evidence
              • Practice Direction 9 - Costs
              • Practice Direction 10 - Offers to Settle
              • Practice Direction 13 - Court-annexed Mediation

              Unless the Court orders otherwise, the following provisions shall apply.

              A. CLAIM FORM [r.27]
              2.1. A claim form which commences proceedings in the Commercial and Civil Division shall be in accordance with Form CFI 1.
              Requirements
              2.2. The claim form must:
              (a) state what final orders the claimant seeks;
              (b) include particulars of the claimant’s case in numbered paragraphs within the form, which shall include:
              (i) particulars of the factual matters relevant to the claim;
              (ii) any relevant calculations for the amount or amounts claimed;
              (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
              (iv) the propositions of law which entitles the claimant to the final orders sought.
              (c) attach a copy of any document referred to in the claim form; and
              (d) state whether the claimant sues in person, by authorised officer or, if represented by a lawyer, the name, address and email address of that lawyer.
              2.3. As a general rule, a claim form should not exceed 50 pages (excluding attachments). If the claim is of such complexity that it is necessary to exceed this page limit, the claimant must include an index of topics within the particulars of claim.
              2.4. Part 4 of the CPR prescribes how a claim form may be served.
              B. RULE 30 PROCEDURE [r.30]
              Requirements
              2.5. If a claimant seeks to use the Rule 30 procedure, the claimant must:
              (a) use the claim form in accordance with Form CFI 6; and
              (a) identify what issue or issues the claimant says are to be decided by the Rule 30 procedure as an issue or as issues unlikely to involve a substantial dispute of fact.
              2.6. The Rule 30 procedure may not be used in relation to the following claims or questions:
              (a) fraud; or
              (b) libel, slander, malicious prosecution or false imprisonment.
              2.7. Claimants seeking to use the Rule 30 procedure must have regard to Rules 31 to 34 inclusive which provide for:
              (a) written evidence to be filed and served under the Rule 30 procedure;
              (b) the procedure where a defendant objects to the use of the Rule 30 procedure;
              (c) modifications to the Rules regarding the filing of a defence; and
              (d) certain time limits.
              C. SERVICE OUT [r.24, r.25 and r.28]
              2.8. A claimant who serves a claim form on a defendant out of the jurisdiction must first file and serve with the claim form a copy of a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction.
              2.9. The notice shall be in accordance with Form CFI 32.
              D. ANSWERING A CLAIM [r.35, r.36, r.37, r.42, r.43 and r.44]
              2.10. The Rules require that a defendant must file and serve an acknowledgement of service within 14 days after service of the claim form.
              2.11. An acknowledgment of service shall be in accordance with Form CFI 7.
              2.12. The defendant may file and serve an admission in accordance with Rule 42, together with any request for time to pay in accordance with Rule 43, in accordance with Form CFI 34.
              2.13. The Rules also require that a defendant who wishes to defend all or part of a claim must file and serve a defence within 28 days after service of the claim form.
              Requirements
              2.14. The defence must:
              (a) set out, in numbered paragraphs the defendant’s answer to the particulars of the claim and the propositions of law advanced by the claimant; and
              (b) attach a copy of any document referred to in the defence unless the document has previously been uploaded to the eCourts Platform.
              2.15. A defence shall be in accordance with Form CFI 8.
              E. MAKING A COUNTERCLAIM [r.50]
              Requirements
              2.16. A defendant who wishes to make a counterclaim must:
              (a) state what final orders the defendant seeks by counterclaim;
              (b) include particulars of the counterclaim in numbered paragraphs within the form, which shall include:
              (i) particulars of the factual matters relevant to the counterclaim;
              (ii) any relevant calculations for the amount or amounts claimed; and
              (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
              (iv) the propositions of law advanced by the defendant.
              (c) attach a copy of any document referred to in the claim form unless the document has previously been uploaded to the eCourts Platform; and
              (d) state whether the defendant sues in person, by authorised officer or, if represented by a lawyer, the name, address and email address of that lawyer.
              2.17. As a general rule, a counterclaim should not exceed 50 pages (excluding attachments). If the counterclaim is of such complexity that it is necessary to exceed this page limit, the claimant must include an index of topics within the particulars of claim.
              2.18. Part 4 of the CPR prescribes how a counterclaim may be served.
              2.19. A counterclaim shall be in accordance with Form CFI 9.
              F. REPLY TO A DEFENCE [r.45]
              2.20. A claimant who seeks to reply to a defence must file and serve the reply within 21 days after service of the defence and must set out the claimant’s reply to the particulars of the defence and the propositions of law advanced by the defendant.
              2.21. A reply must attach a copy of any document referred to in the reply unless the document has previously been uploaded to the eCourts Platform.
              2.22. A reply shall be in accordance with Form CFI 10.
              G. DEFENCE TO ANY COUNTERCLAIM AND SUBSEQUENT REPLY [r.44, r.45]
              2.23. A party who wishes to defend all or part of any counterclaim must file and serve the defence within 28 days after service of the counterclaim and must set out that party’s answer to the particulars of the counterclaim and the propositions of law advanced by the defendant.
              2.24. A defence to counterclaim must attach a copy of any document referred to in the defence to counterclaim unless the document has previously been uploaded to the eCourts Platform.
              2.25. A defence to counterclaim shall be in accordance with Form CFI 8.
              2.26. A party who seeks to reply to a defence to counterclaim must file and serve a reply within 21 days after service of the defence to counterclaim and must set out the party’s reply to the particulars of the defence and the propositions of law advanced by that party.
              2.27. A reply to a defence to counterclaim must attach a copy of any document referred to in the reply unless the document has previously been uploaded to the eCourts Platform.
              2.28. A reply to a defence to counterclaim shall be in accordance with Form CFI 10.
              H. CASE MANAGEMENT [r.8, r.306 and Part 12]
              Introduction
              2.29. The aim of case management is to further the overriding objective of the Rules: to ensure that the ADGM Courts are accessible, fair and efficient. To that end, case management is directed to identifying, as soon as reasonably practicable, the real issues in dispute between the parties and trying those issues fairly and expeditiously.
              2.30. The Court will manage cases proportionately, having regard to the amounts at stake and the complexity of the issues.
              2.31. In managing a case, the Court may make any order, give any direction or take any step it considers appropriate having regard to the nature of the claim, the circumstances of the case and the overriding objective.
              General Provisions
              2.32. The Court may, upon the request of a party or on its own initiative, convene a case management conference at any time during the proceedings to facilitate the effective management of the case. A case management conference will ordinarily be conducted by video or telephone conference as arranged by the Court. For the purposes of this Practice Direction, a case management conference shall be taken to include (as the context requires) the initial case management conference, a progress monitoring hearing, a pre-trial review or any similar hearing or arrangement.
              2.33. The parties must endeavour to agree appropriate directions for the management of the proceedings, and in accordance with this Practice Direction to submit agreed directions or their respective proposals to the Court prior to any case management conference.
              2.34. At any case management conference, the Court may:
              (a) review the steps which the parties have taken in preparation of the case, and in particular their compliance with any directions that the Court may have given;
              (b) decide and give directions about the steps which are to be taken to ensure the progress of the claim in accordance with the overriding objective;
              (c) ensure, as far as it can, that all agreements that can be reached between the parties about the matters in issue and the conduct of the claim are made and recorded;
              (d) discuss the issues in the case and the requirements of the case; and
              (e) in the case of the initial case management conference, to fix a timetable for the conduct of the case, including if possible the appointment of trial dates or provisional trial dates, or, if that is not practicable, to fix as much of the pre-trial timetable as is possible.
              2.35. The topics the Court will consider at a case management conference are likely to include:
              (a) whether the parties have attempted to settle the dispute and/or would like a further opportunity to do so;
              (b) whether the claimant has made clear the claim he is bringing, in particular the amount he is claiming, so that the other party can understand the case he has to meet (similar considerations will apply in relation to any counterclaim);
              (c) whether any amendments are required to the claim, a statement of case or any other document;
              (d) what disclosure of documents, if any, is necessary;
              (e) what expert evidence, if any, is reasonably required and how and when that evidence should be obtained and disclosed;
              (f) what factual evidence should be obtained and disclosed;
              (g) whether it will be just and will save costs to order a split trial or the trial of one or more preliminary issues; and
              (h) what, if any, pre-trial applications do the parties intend to bring and the impact that this is likely to have on the timetable.
              2.36. Where a party has a legal representative, such representative must attend the case management conference, must be familiar with the case and must possess sufficient authority to deal with any issues that are likely to arise. That person should be someone who personally is involved in the conduct of the case, and who has authority to deal with any matter which may reasonably be expected to be dealt with at such hearing, including the fixing of the timetable, the identification of issues and matters of evidence. Where the inadequacy of the person attending or of his instructions leads to the adjournment of a hearing, a wasted costs order may be considered appropriate.
              2.37. The parties will be required to provide the Court with an agreed list of issues that are to be litigated. In this respect, the parties are reminded that:
              (a) a list of issues is not intended to supersede the parties' statements of case;
              (b) a list of issues should identify the issues neutrally in a way that will best reflect the expected structure of the case. It is a case management tool, not an opportunity for advocacy; and
              (c) as a case progresses, the list of issues may be susceptible to change.
              2.38. Wherever relevant, the parties are to consult and co-operate with the aim of providing the documents required to be submitted to the Court within the time limits prescribed.
              2.39. If any party fails to comply with this Practice Direction or any order or direction made in connection with this Practice Direction, the Court may:
              (a) impose such sanction as it sees fit, which may include the making of an adverse costs order against the defaulting party;
              (b) proceed with or adjourn any scheduled case management conference;
              (c) proceed to make such orders as it considers appropriate for the future conduct of the proceedings having regard to the overriding objective; and/or
              (d) in appropriate circumstances, strike out any claim or defence.
              Case Management Conferences
              2.40. The Court will convene an initial case management conference for all claims filed in the Commercial and Civil Division within 14 days of the close of pleadings (which in normal course will be after the filing of a Reply).
              2.41. Not less than 4 days before the initial case management conference:
              (a) each party must file and serve on all other parties completed copies of the directions questionnaire;
              (b) the claimant is to file with the Court and provide to all other parties a copy of any proposed directions that are agreed;
              (c) in the event that there is no agreement between the parties on the proposed directions, each party must file with the Court and serve on all other parties a copy of its proposed directions;
              (d) the claimant is to file with the Court and provide to all other parties a copy of an agreed list of the significant issues in the case; and
              (e) in the event that there is no agreement between the parties as to the list of significant issues, each party must file with the Court and serve on all other parties a copy of its proposed list of issues.
              2.42. The directions questionnaire form is set out in Appendix A to this Practice Direction. A proposed directions guidance note which the parties are encouraged to consider when providing the Court with proposed directions is set out in Appendix B.
              2.43. At the initial case management conference, the parties' legal representatives (or any party appearing in person) should be in a position fully to inform the Court of the following:
              (a) the issues likely to arise in the proceedings;
              (b) the directions which each party seeks, including any agreement reached between the parties in regard to those directions;
              (c) whether it is proposed to file any application notices in respect of pre-trial issues and the nature of those pre-trial issues;
              (d) the volume of material likely to comprise standard disclosure between the parties; and
              (e) any other matter dealt with in the directions questionnaire or which the legal representatives may wish to bring to the Court's attention to achieve the efficient management of the case to trial.
              2.44. At the initial case management conference:
              (a) the Court will decide a timetable for the pre-trial steps necessary to be taken, which may include the holding of a further case management conference, a progress monitoring hearing and/or a pre-trial review;
              (b) if and insofar as it is not possible to fix trial dates or provisional trial dates, the Court will endeavour to manage the case so as to fix such dates at the first available opportunity; and
              (c) if there is no agreement between the parties as to the list of significant issues in the case, the Court itself may state the significant issues in the case and from time to time thereafter the Court may state or restate those issues as it sees fit.
              Court-ordered mediation
              2.45. The Court may, of its own initiative or upon the request of any party, make an order referring the dispute or any part of the dispute to court-annexed mediation, where in the opinion of the Court such order appears appropriate.
              Progress Monitoring
              2.46. Where appropriate, a progress monitoring date will be fixed at the initial case management conference; such date will normally be after the date fixed in the pre-trial timetable for the exchange of any witness statements and any expert reports.
              2.47. At least 5 clear days before the progress monitoring date, the parties must file and serve a procedural compliance statement to inform the Court:
              (a) whether, as at that date, they have complied with the pre-trial timetable, and if they have not, the respects in which they have not; and
              (b) whether they will be ready for trial commencing on the trial dates or provisional trial dates fixed in the pre-trial timetable, and if they will not be ready, why they will not be ready.
              2.48. The form of the procedural compliance statement is set out in Appendix C to this Practice Direction.
              2.49. The Court may direct that a further case management conference be convened if, in its view, the information in the procedural compliance statement reasonably requires such action. The Court may make such orders and give such directions as it considers appropriate whether at a case management conference or at any time on its own initiative with the primary objective of preserving the trial dates or provisional trial dates.
              2.50. In appropriate cases, the Court may decide to consolidate the progress monitoring of the case with the pre-trial review.
              Pre-trial Review
              2.51. Subject to the following provisions, the pre-trial review normally will take place between 4 to 8 weeks before the date fixed for trial.
              2.52. In all appropriate cases, no later than 5 clear days before the pre-trial review, or by the date specified by the Court:
              (a) each party must file and serve on all other parties a completed copy of the pre-trial checklist in the form set out in Appendix D;
              (b) the claimant is to file with the Court and provide to all other parties an agreed timetable for the trial providing for (as necessary) oral submissions, witnesses of fact and expert evidence; in the event the trial timetable is not agreed, any differences of view should be identified with clarity;
              (c) in the event that there are any outstanding matters in relation to the trial requiring directions from the Court, the claimant is to file with the Court and provide to all other parties a copy of any proposed directions that are agreed; and
              (d) in the event that there is no agreement between the parties on the proposed directions, each party must file with the Court, and serve on all other parties, a copy of its proposed directions.
              2.53. Upon receipt of the required documents, the Court may, on the papers, approve, modify or set the trial timetable and give such other directions for the conduct of the trial as it considers appropriate. If, upon receipt of the required documents, the Court decides to hold a pre-trial review hearing or to cancel a pre-trial review hearing which previously has been fixed, it will notify the parties of its decision.
              2.54. In any event, as soon as practicable after each party has filed a completed pre-trial check list or the Court has held a pre-trial review, the Court may:
              (a) set a timetable for the trial, unless a timetable has already been fixed or the Court considers that it would be inappropriate to do so; and/or
              (b) confirm the date for trial.
              Timetables
              2.55. If or when the Court sets a timetable for the taking of procedural steps in a case, the parties must comply with it.
              2.56. If the parties agree that the timetable should be adjusted, the claimant (unless otherwise agreed by the parties) must file a written consent to the adjusted timetable using Form CFI 22.
              2.57. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment sought will not affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment should file and serve a statement using Form CFI 36 setting out its justification for the adjustment it seeks. The other party or parties shall file and serve any response using Form CFI 36 within 4 days of receipt of such statement. The Court will ordinarily resolve that dispute on the papers.
              2.58. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment as sought will affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment must make an application in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15.
              Hearing and trial dates
              2.59. When the Court fixes the date for a hearing or a trial, it expects the application or the case to be ready to proceed on that day and at the appointed time.
              I. DISCLOSURE [Part 13 CPR]
              Definitions
              2.60. In this Section:
              (a) “document” means anything in which information of any description is recorded and includes an electronic document;
              (b) “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and
              (c) “electronic document” means any document held in electronic form and includes, for example, email and other electronic communications such as text messages and voicemail, word-processed documents and databases, and documents stored on portable devices such as memory sticks and mobile phones. In addition to documents that are readily accessible from computer systems and other electronic devices and media, it includes documents that are stored on servers and back-up systems and documents that have been deleted. It also includes metadata and other embedded data which is not typically visible on screen or a print out.
              Disclosure by parties [r.87]
              2.61. Rarely, if at all, will the Court direct general discovery of documents or discovery by interrogation.
              Standard disclosure [r.86]
              2.62. The Court will ordinarily provide directions relating to the time by which standard disclosure is to be made at the initial case management conference.
              2.63. “Standard disclosure” is defined by the Rules and requires a party to disclose all documents on which he will rely at trial, except for documents that have already been submitted by a party.
              When standard disclosure not required
              2.64. The obligation to give standard disclosure of documents does not apply to the following proceedings:
              (a) proceedings using the Rule 30 Procedure;
              (b) Judicial Review proceedings.
              Cooperation between the parties
              2.65. Before the initial case management conference, the parties should discuss any issues that may arise regarding searches for and the preservation of electronic documents. This may involve the parties seeking and providing information about the categories of electronic documents within their control, the computer systems, electronic devices and media on which any relevant documents may be held, the storage systems maintained by the parties, their document retention policies and the anticipated time and cost of carrying out any searches which might be requested.
              2.66. The parties should, where possible, seek to exchange preliminary production requests for specific disclosure in draft form before the initial case management conference.
              2.67. Documents (regardless of their original form) are to be disclosed in electronic format capable of being searched.
              2.68. For the purpose of paragraph 2.65, the parties should cooperate at an early stage as to the format in which electronic copy documents are to be provided on inspection of documents.
              2.69. If the physical structure of a file is, or is claimed to be, of evidential value:
              (a) any such claim should be raised at the earliest opportunity; and
              (b) the legal representatives of the party holding the file should make one complete copy of the file in the form in which they received it before any documents are removed for the purpose of inspecting documents.
              2.70. In the case of difficulty or disagreement on any of the matters referred to in this section of the Practice Direction, the matter should be referred to the Court for directions at the earliest practical date and, if possible, at the initial case management conference.
              Applications for further or specific disclosure [r. 86 and r.87]
              2.71. The Court discourages unfocused or disproportionate requests for further disclosure of documents.
              2.72. If a party seeks further or specific disclosure of documents, that party must identify what documents or classes of documents are sought and state why their provision would assist the fair and effective trial of the proceedings.
              2.73. An application for further or specific disclosure must be made by application notice in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15.
              Further or specific disclosure
              2.74. When giving further or specific disclosure, a party is required to make a reasonable search for documents.
              2.75. The factors relevant in deciding the reasonableness of a party’s search include the following –
              (a) the number of documents involved;
              (b) the nature and complexity of the proceedings;
              (c) the ease and expense of retrieval of any particular document; and
              (d) the significance of any document which is likely to be located during the search.
              2.76. A search undertaken by a party shall not be considered to be unreasonable solely because that party has used artificial intelligence (such as predictive coding or some other form of technology) in conducting the search.
              2.77. Where a party intends to use artificial intelligence in conducting a search for documents, that party must inform all other parties of that intention and provide sufficient details of the parameters of the search.
              2.78. Where a party has not searched for a category or class of document on the grounds that to do so would be unreasonable, he must state this in his disclosure statement and identify the category or class of document.
              Disclosure of copies
              2.79. A party need not disclose more than one copy of a document.
              2.80. A copy of a document must conform fully to the original. The Court may order that the original of a document be presented for inspection. A copy of a document that contains a modification, obliteration or other marking or feature shall be treated as a separate document.
              Making disclosure – Redfern Schedule and disclosure statement
              2.81. A party giving further or specific disclosure must do so in the form of a Redfern Schedule, supported by a disclosure statement
              2.82. A party must state in his Redfern Schedule whether he has a right or duty to withhold from inspection any document, or part of a document, or categories of documents and the grounds on which he claims that right or duty.
              2.83. The disclosure statement must –
              (a) expressly state that the disclosing party believes the extent of the search to have been reasonable in all the circumstances; and
              (b) draw attention to any particular limitations to the extent of the search and give the reasons for such limitations.
              2.84. Attention is drawn to Rule 91(2) in regard to false disclosure statements.
              2.85. Every additional disclosure which a party makes must be made by adding to his Redfern Schedule so that there is at all times a single complete record of each party’s disclosure.
              Inspection of documents referred to in statements of case and other documents [r.90]
              2.86. Nothing in this Practice Direction affects a party’s right under the Rules to inspect any document which is referred to in:
              (a) an opposing party’s statement of case;
              (b) a witness statement;
              (c) a witness summary; or
              (d) an affidavit.
              Inspection of documents mentioned in an expert’s report [r.90]
              2.87. If a party wishes to inspect documents referred to in the expert report of another party he should first request inspection of the documents informally and inspection should be provided by agreement unless the request is unreasonable.
              2.88. Where an expert report refers to a large number or volume of documents and it would be burdensome to provide them in electronic format or copy or collate them, the Court will only order inspection of such documents if it is satisfied that it is necessary for the just disposal of the proceedings and the party cannot reasonably obtain the documents from another source.
              Disputing a claim to withhold from inspection [r.90]
              2.89. If a party seeks to inspect a document, or part of a document, which the disclosing party claims he has a right or duty to withhold from inspection, the requesting party must complete the relevant part of the disclosing party’s Redfern Schedule and serve it on the disclosing party.
              2.90. If the disclosing party presses his claim to withhold the document, or part of a document, from inspection, he must:
              (a) complete the relevant part of his Redfern Schedule;
              (b) file and serve the completed Redfern Schedule through the eCourts Platform; and
              (c) identify those items in the Redfern Schedule in respect of which he seeks the determination of the Court.
              2.91. The Court may determine any objection to production, without receiving any further submission by any party, by recording its decision in the Redfern Schedule.
              Failure to disclose or permit inspection [r.91]
              2.92. The Rules provide that a party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the Court gives permission. Any application for that permission must be made by filing an application notice in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15 and:
              (a) should be made at the earliest opportunity; and
              (b) be supported by material explaining why the party concerned did not disclose or permit inspection of the document earlier.
              Order for disclosure against non-party [r.88]
              2.93. Any application made to the Court for disclosure by a person who is not a party to the proceedings must be made by filing an application notice in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15 and which must be supported by evidence.
              2.94. The supporting evidence for an application for disclosure by a non-party must be contained in a witness statement detailing the specific facts, matters or circumstances relied upon to demonstrate that –
              (a) the documents of which disclosure is sought are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings; and
              (b) that disclosure is necessary in order to dispose fairly of the claim or to save costs.
              2.95. An order for disclosure by a non-party must –
              (a) specify the documents or the classes of documents which the non-party must disclose; and
              (b) require the non-party, when making disclosure, to specify any of those documents –
              (i) which are no longer in his control; or
              (ii) in respect of which he claims a right or duty to withhold inspection.
              2.96. Such an order may –
              (a) require the non-party to indicate what has happened to any documents which are no longer in his control; and
              (b) specify the time and place for disclosure and inspection.
              2.97. A non-party need not disclose more than one copy of a document.
              2.98. A copy of a document must conform fully to the original.
              J. PAPERS FOR TRIAL
              2.99. The Court will make directions, as appropriate, for the filing and serving of papers for the trial. Depending on the circumstances of the case and the nature of the issues in dispute, these papers may include an updated list of issues, a chronology of relevant events, a dramatis personae, an index of the hearing bundle and such other documents as the Court may direct. These papers should be prepared in neutral terms and the Court expects the parties to consult and agree on their contents so that agreed papers can be provided to the Court.
              2.100. If it is not possible for the parties to reach agreement on any document or documents, this fact must be notified to the Court, which will resolve the issue upon hearing representations from the parties.
              2.101. The Court may also make directions relating to the form of opening and closing submissions (whether written, oral, or both) as is appropriate for the case.
              2.102. Where relevant, the papers to be used at the trial should be cross-referenced to relevant documents contained within the hearing bundle.
              2.103. The hearing bundle shall be:
              (a) in electronic form;
              (b) prepared by the claimant based upon the index agreed with the other parties using the bundle made available on the eCourts Platform; and
              (c) allocated into the following categories: (i) pleadings (including application notices); (ii) orders; (iii) witness statements of fact (including exhibits); (v) other relevant documents; (vi) skeleton arguments and authorities.
              K. INTEREST [r.179]
              2.104. Where interest is payable on a judgment debt and there is no agreed rate, it shall be at the rate of 9 per cent from the date that judgment is given until payment.
              2.105. Subject to any ADGM enactment, where interest is payable on all of any part of a debt or damages in relation to a period prior to, or as at, the date of judgment and there is no agreed rate, it shall be at the rate of 9 per cent.

              Appendix A - Directions Questionnaire

              Case Details
              Division [select division]
              Case number  

               

                     Title of Proceedings
              [First] Claimant [full name]
              [Second Claimant] [include number of Claimants (if more than two)] [#full name #number]
              [First] Defendant [full name]
              [Second Defendant] [include number of Defendants (if more than two)] [#full name #number]

               

              Filing Details
              Filed for [name of party(ies)]
              Legal representative [name]
              Firm [name of firm]
              Firm reference [reference number]
              Contact name [name]
              Contact telephone [telephone]
              Contact email [email address]

               

              Please read the Notes section before completing each question in this form. The answers which you provide in this form are intended to help the Court manage the case in the most fair, proportionate and efficient manner having regard to the circumstances of the case.

              Although it may be difficult to accurately answer any question due to the early stage of the proceedings, the parties are required to answer all questions on a “best efforts” basis. A failure by any party to do so, including a failure by a party to answer a question, may be considered by the Court when it deals with the question of costs, or may result in some other sanction being imposed on the defaulting party.

              Wherever relevant, the parties are expected to consult and co-operate to the fullest extent possible on any question which would benefit from a joint discussion between the parties before completing and submitting this form.

              You should note the date by which this questionnaire must be returned.

              If you have settled this claim (or you settle it on a future date) and do not need to have it heard or tried, you must let the Court know immediately.

               

              A: Nature of dispute Notes
              1. What amount of the claim (and any counterclaim) is in dispute?
              2. Are there any non-pecuniary remedies sought which are relevant to how this case should be managed?
              The parties are encouraged to consider the nature of the dispute when providing their answers to the questions below (having regard to the principles of fairness, proportionality and efficiency).
              B: Settlement  
              3. Do you wish there to be a one month stay to attempt to settle the claim by court-annexed mediation?
              4. If you answered ‘No’ to question 3, please state below the reasons why you consider it inappropriate to try and settle the claim at this stage.
              If you think that you and the other party may be able to negotiate a settlement, you should answer ‘Yes’ to Q3.

              The parties are encouraged to read Practice Direction 13 (Court-annexed Mediation) and Court Procedure Rules 2016 (“CPR”) Part 36 (Court-annexed Mediation) before completing this section.

              The Court may order a stay, whether or not all the other parties to the claim agree. You should still complete the whole of the form, even if you are requesting a stay.
              C: Pre-trial Applications  
              5. Do you intend to make, or foreshadow making, any future application(s) in this proceeding? If Yes:
              • provide details of all such applications including the Rule or provision pursuant to which each application will be made?
              • for each application, set out how the application will assist the Court with its determination of the issues in the proceeding?
              • if the application will not assist the Court with its determination of the issues in the proceeding, set out the reason why the application is being made?
              6. Are any of the issues in the case suitable for trial as preliminary issues?
              It is important for the Court to know if you intend to make any applications, what they will be for and when you wish them to be heard. The parties are encouraged to read Practice Direction 7 (Applications) and the relevant sections of the CPR before completing this section.
              D: Statements of Case  
              7. Do you wish to file any further statements of case (including by way of amendment)? If Yes, please specify?
              8. Is any further information about any statement of case required? If yes, please give brief details of what is required.
              The parties are encouraged to read CPR 52 to 54 in relation to amendments to statements of case and requests for further information before completing this section.
              E: Disclosure of Documents  
              9. Approximately how many documents and how many pages of documents do you intend to produce on standard disclosure of documents?
              10. By what date can you provide standard disclosure of documents?
              11. Have the parties discussed standard disclosure of documents and how they will be exchanged? If so, please provide a summary of material areas of agreement and disagreement between the parties.
              12. Is production of specific documents likely to be required on any issue? If so, please give as much detail as is currently available.
              13. Have the parties discussed likely or potential requests for production of specific documents and how they will be exchanged? If so, please provide a summary of material areas of agreement and disagreement between the parties.
              The parties are encouraged to read Practice Direction 2 (Disclosure) and CPR Part 13 (Disclosure and Inspection of Documents) before completing this section.
              F: Witnesses of Fact  
              14. So far as you know at this stage, how many witnesses of fact do you intend to rely on at the trial?
              15. Do you wish to seek any orders from the Court as to the maximum length or format of any witness statements? If so, please specify.
              16. By what date can you serve signed witness statements?
              The parties are encouraged to read Practice Direction 8 (Evidence) and CPR Part 14 (Evidence) before completing this section.
              G: Experts  
              17. Do you wish to use expert evidence at the trial? If yes, please specify:
              • the discipline of each proposed expert;
              • broadly what issue(s) they will likely address which will help to resolve the issues in the proceedings.
              18. Do you consider the case suitable for a single joint expert (see Rule 144) or an assessor (see Rule 148) in any field?
              19. By what date can you serve signed expert reports?
              The parties are encouraged to read Practice Direction 8 (Evidence) and CPR Part 17 (Expert and Assessors) before completing this section. In particular, the parties are reminded that CPR 142(1) mandates that expert evidence shall be restricted to that which reasonably is required to resolve the proceedings. Therefore, the Court requires a short explanation of any proposals with regard to expert evidence.
              H: List of Issues  
              20. Have the parties provided the Court with an agreed list of issues that are to be litigated?
              21. If there is no agreement between the parties as to the list of issues, have you filed with the Court and served on all other parties a copy of your proposed list of issues?
              The parties are reminded of the importance that the Court places on the list of issues, as set out in Practice Direction 2.36. The parties are also encouraged to review Practice Direction 2.40, which contains further provisions relating to the list of issues to be provided for the purposes of the initial case management conference.
              I: Trial  
              22. What are your present provisional estimates of the minimum and maximum lengths of the trial?
              23. What is the earliest date by which you believe you can be ready for trial?
              24. Is this a case in which the fixing of a progress monitoring date and/or pre-trial review is likely to be helpful?
              25. Are there likely to be any special requirements at trial (i.e. use of an interpreter for any witness, evidence of a witness by video-link, disability of any witness or party)?
              26. What is your present provisional estimate of the volume of the trial hearing bundle? Is this a case where any additional technological requirements (outside of the eCourts Platform capabilities provided by the ADGM Courts) are likely to be required for the hearing bundle?
               
              J: Other  
              27. Should the parties exchange cost budgets in accordance with Section C of Practice Direction 9? If yes, when should they be exchanged?
              28. Set out any other information you consider will help the judge manage the claim.
               
              K: Directions  
              29. You must attempt to agree proposed directions with all other parties. Whether agreed or not, a draft of the order for directions you seek must accompany this form.
               

               

              Appendix B - Proposed Directions Guidance Note

              This document is provided as a guidance note to assist the parties when considering what procedural directions to seek from the Court. It is not intended to be prescriptive on either the parties or the Court. The parties are reminded that in accordance with CPR 8(1), the Court may make any order, give any direction or take any steps it considers appropriate for the purpose of managing the proceedings and furthering the overriding objective of the Rules.

              Nor is the guidance note intended to cover every scenario which might arise during the course of a matter which requires a direction or order from the Court. To that end, the parties will need to consider the specific circumstances of their case and what directions they should seek from the Court against the overriding objective of the Court to manage cases proportionally through a process that is accessible, fair and efficient having regard to the amounts at stake and the complexity of the issues in dispute.

              This guidance note deals with some of the more common procedural steps in the pre-trial timetable, along with the trial itself. In more complex cases, it may be desirable for the Court to issue directions in stages. However, the parties are encouraged, for the purposes of the first case management conference, to submit proposed directions which deal with as many of the procedural steps in the proceedings as possible having regard to the circumstances of their particular case. Further, the parties are reminded that the Court is alert to performing its duty to fix a trial date as soon as practicable and to establish a pre-trial timetable which provides for the timely carrying out of the procedural steps in the proceedings.

              The parties are to submit their proposed directions by the due date using Form CFI 37.

              Proposed Order
              Terms of draft Order (delete, amend or supplement as appropriate)
              Applications for Further Information1
              1. By no later than 4.00 pm on [ ], the Parties may make any application(s) for further information, in accordance with CPR 54 and Practice Direction 7.

              List of Issues2
              2. An updated list of issues is to be compiled and agreed between the Parties, with cross-references to paragraphs of the pleadings, and filed with the Court by 4.00 pm on [ ].
              Disclosure – Standard Disclosure, Further or Specific Disclosure and Inspection of Documents3
              Standard Disclosure
              3. By no later than 4.00 pm on [ ], each party shall submit to the other, by way of standard disclosure in accordance with CPR 86, all documents upon which it will rely at trial, except for any documents that have already been submitted by a party .

              Further or Specific Disclosure
              4. By no later than 4:00 pm on [ ], the Parties may make any application(s) for further or specific disclosure, in accordance with Practice Direction 2.72.
              5. A party giving further or specific disclosure must do so by no later than 4:00 pm on [ ], in accordance with Practice Direction 2.80-2.84, in the form of a Redfern Schedule supported by a disclosure statement.
              6. If the requesting party seeks to inspect a document, or part of a document, which the disclosing party claims it has a right or duty to withhold from inspection, the requesting party must complete the relevant part of the disclosing party’s Redfern Schedule and serve it on the disclosing party by no later than 4:00 pm on [ ].
              7. If the disclosing party presses its claim to withhold the document, or part of a document, from inspection, the disclosing party must comply with Practice Direction 2.89 by no later than 4.00 pm on [ ].
              8. The Court will determine any objection to production, without receiving any further submission by any party, by recording its decision in the Redfern Schedule within a timeframe to be determined by the Court.
              Witness Statements4
              9. Any witness statements of fact in accordance with CPR 94 and Practice Direction 8 are to be filed and served by [both/all] Parties by no later than 4.00 pm on [ ].
              10. Any reply witness statements of fact are to be filed and served by [both/all] Parties by no later than 4.00 pm on [ ].
              11. Unless otherwise ordered, witness statements of fact are to stand as evidence in chief of the witness at trial.
              Expert Evidence5
              12. In accordance with CPR 142(2), the Court grants its permission for the Parties to file and serve by no later than 4.00 pm on [ ], expert reports which meet the requirements of CPR 141 and Practice Direction 8 in relation to the following issues (the “identified expert issues”):
              • [ ]
              • [ ]
              13. Any reply expert reports which deal with the identified expert issues are to be filed and served by no later than 4.00 pm on [ ].
              14. Experts of common disciplines are to meet to discuss (as relevant) the identified expert issues and are to file a joint report by no later than 4.00 pm on [ ] setting out those issues which are agreed and those which are in dispute.
              15. The Parties may make any application(s) to add to the list of identified expert issues by no later than 4.00 pm on [ ].
              16. In accordance with CPR 142(2), the Parties may apply to the Court for permission to call an expert by no later than 4.00 pm on [ ].
              Progress Monitoring
              17. The progress monitoring date in this matter is fixed for [ ].
              18. The Parties shall file and serve a procedural compliance statement in the form set out at Appendix C at least 5 clear days before the progress monitoring date.
              19. If, upon receipt of the Parties procedural compliance statements, the Court decides to hold a case management conference, it will liaise with the Parties and notify the Parties of the date on which it is to occur.
              Hearing Bundle
              20. By no later than 4.00 pm on [ ], the Claimant is to provide the [Defendant/other Parties] with a draft index of the hearing bundle to be used at the hearing.
              21. By no later than 4.00 pm on [ ], the [Defendant/other Parties] is to provide the Claimant with its comments in relation to the draft index of the hearing bundle to be used at the hearing.
              22. By no later than 4.00 pm on [ ], the Claimant is to file the index of the hearing bundle with the Court.
              23. By no later than 4.00 pm on [ ], the Claimant shall confirm that the hearing bundle has been compiled in accordance with the agreed index, has been duly paginated and is available to the Parties through the eCourts Platform. By this direction, the Court grants permission for an additional electronic folder to be added to the hearing bundle for expert reports (and accompanying exhibits).
              Pre-Trial Checklist
              24. In accordance with CPR82(2) and Practice Direction 2.51, the Parties shall file and serve the pre-trial checklist by 4.00 pm on [ ].
              25. In accordance with Practice Direction 2.51, at the same time as providing the pre-trial checklist, the Claimant shall provide the Court with an agreed trial timetable; in the event that the timetable is not agreed, any differences of view should be clearly identified. Similarly, proposed directions dealing with any outstanding issues shall be provided to the Court at this time.
              26. If the Court decides to hold a pre-trial review in accordance with CPR82(1) and Practice Direction 2.52, it will liaise with the Parties and notify the Parties of the date on which it is to occur.
              Papers for Trial
              27. By no later than 4.00 pm on [ ], the Claimant in consultation with the [Defendant/other Parties] shall file and serve an agreed:
              • [ ]
              • [ ]
              28. By no later than 4.00 pm on [ ], the Parties are to file and serve skeleton arguments of fact and law.
              Trial
              29. The trial of this matter is to take place on a day not before [ ], with a time estimate of [ ] days. The Court and the Parties have indicated a possible potential date for trial as being for [ ] days from [ ]. The Parties are to inform the Court as soon as possible if the provisional date for trial is suitable and, if not, are to liaise with the Court to arrange a listing appointment by telephone.
              Closing submissions
              30. By no later than 4.00 pm on [ ], the Parties are to file and serve their written closing submissions of fact and law. The written closings are to include any submissions which the Parties may wish to make as to costs.
              Costs budgets
              The Parties’ costs budgets are to be filed and served by no later than 4.00 pm on [ ].
              General
              31. Costs in the case.
              32. Liberty to apply.

               

              Appendix C - Procedural Compliance Statement

               

              Case Details
              Division [select division]
              Case number  

               

                     Title of Proceedings
              [First] Claimant [full name]
              [Second Claimant] [include number of Claimants (if more than two)] [#full name #number]
              [First] Defendant [full name]
              [Second Defendant] [include number of Defendants (if more than two)] [#full name #number]

               

              Filing Details
              Filed for [name of party(ies)]
              Legal representative [name]
              Firm [name of firm]
              Firm reference [reference number]
              Contact name [name]
              Contact telephone [telephone]
              Contact email [email address]

              This form must be completed by each party and filed with the Registry (with a copy to all other parties) at least 5 clear days before the progress monitoring date.
              The Court may direct that a case management conference be convened if, in the Court’s view, the information provided in the procedural compliance statement by any party reasonably requires such action.

              Procedural compliance questions
              1. As at the date of signing this form, have you complied with the pre-trial timetable in all respects?
              2. If you have not complied, in what respects have you not complied and why?
              3. Will you be ready for a trial commencing on the fixed trial date (or, where applicable, on the provisional trial dates) specified in the pre-trial timetable?
              4. If you will not be ready, why will you not be ready and have you made an application to the Court for a change to the timetable?

               

              Signature
                 
                 
              Signature of legal representative __________________________________________
                 
              Signature of party if not legally represented __________________________________________
                 
              Capacity (if not legal representative or party) [e.g. authorised officer]
                 
              Date of signature __________________________________________

               

              Notice to filing party
              Your answers to these questions may be considered by the Court when it deals with the question of costs: see ADGM Court Procedure Rules 2016 Part 24 and Practice Direction 9.

               

              Rule 82

              Appendix D - Pre-Trial Checklist

               

              Case Details
              Division [select division]
              Case number  

               

                     Title of Proceedings
              [First] Claimant [full name]
              [Second Claimant] [include number of Claimants (if more than two)] [#full name #number]
              [First] Defendant [full name]
              [Second Defendant] [include number of Defendants (if more than two)] [#full name #number]

               

              Filing Details
              Filed for [name of party(ies)]
              Legal representative [name]
              Firm [name of firm]
              Firm reference [reference number]
              Contact name [name]
              Contact telephone [telephone]
              Contact email [email address]

               

              Trial Details
              Trial date [include start and end date of trial]
              Counsel appearing at trial [include name and chambers (as appropriate)]
              Counsel instructed by [include name of firm (as appropriate)]

               

              Please read the Notes section before completing each question in this form. The answers which you provide in this form are intended to help the Court manage the case in the lead up to, and during the trial of this matter.

              All questions must be answered by a party. A failure by a party to answer a question may be considered by the Court when it deals with the question of costs, or may result in some other sanction being imposed on the defaulting party.

              Wherever relevant, the parties are expected to consult and co-operate to the fullest extent possible on any question which would benefit from a joint discussion between the parties before completing and submitting this form.

              You should note the date by which this checklist must be returned.

               

              A: Procedural compliance / future directions Notes
              1. Have you previously completed a procedural compliance statement in this matter?
              2. If no, or if there is any material change to the answers previously provided, please address here.
              3. Are any further directions required to prepare this case for trial?
              4. If yes, you must attempt to agree proposed directions with all other parties. Whether agreed or not, a draft of the order for directions you seek must accompany this form.
               
              The procedural compliance statement is found at Appendix C to Practice Direction 2.
              B: Witnesses  
              5. Which witnesses of fact do you intend to call to give evidence on your behalf at trial?
              6. Are all witnesses of fact available to attend the hearing in person? If not, please specify with reasons.
              7. Which witnesses of fact from the other parties do you intend to cross-examine at trial?
              It is important for the Court and the other parties to know whether you intend to call all witnesses of fact in respect of which you have submitted a witness statement. Similarly, it is important for the Court and the other parties to know what witness of fact you intend to cross-examine at trial. Each party is also responsible for confirming the availability of its witnesses of fact to attend the trial in person.
               
              C: Experts  
              8. Please provide the following information for any expert evidence you intend to rely on at trial:
              (a) Name.
              (b) Field of Expertise.
              (c) Whether the expert is (i) a party-appointed expert, (ii) a single joint expert, (iii) an assessor.
              (d) Whether permission has been given for use of written expert evidence?
              (e) Whether permission has been given for oral evidence?
              9. If permission has been granted for oral evidence, are the experts available to attend the hearing in person? If not, please specify with reasons.
              10. If applicable, has there been a discussion between experts of common discipline and have they filed a joint expert report?
              11. How is it intended to deal with the expert evidence at trial?
               
              You are reminded that you may not use an expert’s report or have your expert give oral evidence unless the Court has given permission (CPR 142(2)). If you do not have permission, you must make an application.
              If permission has been granted for expert evidence to be given at trial, the parties ought to consider how that expert evidence is best dealt with at the trial. For example:
              • The order and/or manner in which the experts should be called to give evidence.
              • Should one party call all of its expert evidence, followed by each other party calling all of its expert evidence?
              • Should one party call its expert in a particular discipline, followed by the other parties calling their experts in that discipline?
              D: Special arrangements  
              12. Are there any special facilities or arrangements needed at Court for any of the witnesses of fact, experts or parties, or for the trial itself (e.g. anyone with a disability, use of an interpreter, evidence by video-link, real-time transcript)?
              13. Please confirm that appropriate arrangements have been made and whether any directions are required in relation to these matters.
               
               
              E: Trial Bundle  
              14. What is the likely volume of documents for the trial bundle?
              15. Are any additional technological requirements (outside of the eCourts Platform hearing bundle capabilities provided by the Court) required for the trial? If yes, please specify.
               
               
              F: The Trial  
              16. What is the confirmed estimate of the time needed for the trial? Is this consistent with the dates allocated for the trial?
              17. Should the trial proceed on a chess-clock basis?
              18. What is the recommended reading time for the Judge?
              19. You must attempt to agree a proposed trial timetable with all other parties. Whether agreed or not, a draft of the proposed trial timetable must accompany this form.
              The trial timetable should (as applicable) deal with the following matters:
              • opening submissions;
              • sequence of oral evidence; (for example, whether all the factual evidence should be called before the expert evidence);
              • timetabling of oral evidence making allowances for evidence-in-chief, cross-examination and re-examination;
              • the manner in which expert evidence is to be presented or dealt with at trial;
              • closing submissions.
              If there is any day within the trial period that a witness of fact or expert is not available to give oral evidence, this should be noted in the trial timetable (with reasons).
               
              G: Costs’ budgets  
              20. Do you wish to submit a revised costs’ budget in accordance with Section C of Practice Direction 9?
              The parties are encouraged to use the pre-trial review process as an opportunity to review (as applicable) their respective costs’ budgets.
               
              H: Other  
              21. Set out any other information which you consider will help the Judge manage the claim.
               
               

               

              Signature
                 
                 
              Signature of legal representative __________________________________________
                 
              Signature of party if not legally represented __________________________________________
                 
              Capacity (if not legal representative or party) [e.g. authorised officer]
                 
              Date of signature __________________________________________

               

              Notice to filing party
              Your answers to these questions may be considered by the Court when it deals with the question of costs: see ADGM Court Procedure Rules 2016 Part 24 and Practice Direction 9.

               


              1 In relation to applications for further information, the parties are encouraged to read CPR 54 and Practice Direction 7.
              2 The parties are reminded of the importance that the Court places on the list of issues, as set out in Practice Direction 2.37. With this in mind, the Court will ordinarily expect the parties to deal with the list of issues in the proposed directions.
              3 In relation to disclosure and inspection of documents, the Parties are encouraged to read Practice Direction 2 and Part 13 of CPR.
              4 In relation to witness statements of fact, the Parties are encouraged to read Practice Direction 8 and Part 14 of the CPR.
              5 In relation to expert evidence, the parties are encouraged to read Practice Direction 8 and Part 17 of the CPR.
              Amended July 9, 2020

            • PRACTICE DIRECTION 3 SMALL CLAIMS

              Click here to view a PDF version of Practice Direction 3

              Date re-issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

              APPLICATION

              This Practice Direction must be read in conjunction with the following Practice Directions:

              Practice Direction 1 — General

              Practice Direction 6 – Service of Documents

              Practice Direction 7 — Applications

              Practice Direction 9 — Costs

              Practice Direction 10 — Offers to Settle

              Practice Direction 13 – Court-annexed Mediation

              To the extent to which the provisions of this Practice Direction differ from or are inconsistent with provisions of other Practice Directions, the provisions of this Practice Direction prevail in relation to all claims that are, or are dealt with as, small claims.

              Unless the Court orders otherwise, the following provisions shall apply.

              A. SMALL CLAIMS
              Definition
              3.1. A “small claim” is a claim or dispute for US$100,000 or less except for employment claims, all of which must be commenced in the Employment Division.
              Making a claim [r.27]
              3.2. A claim form which commences proceedings in the Small Claims Division shall be in accordance with Form CFI 2.
              3.3. The claim form must:
              (a) state what final orders the claimant seeks; and
              (b) include particulars of the claimant’s case in numbered paragraphs within the form, which shall include:
              (i) particulars of the factual matters relevant to the claim;
              (ii) any relevant calculations for the amount or amounts claimed;
              (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
              (iv) the propositions of law which entitles the claimant to the final orders sought.
              3.4. As a general rule, a claim form should not exceed 10 pages (excluding attachments).
              3.5. A copy of any document referred to in the claim form must be attached to the claim form.
              3.6. Part 4 of the CPR prescribes how a claim form may be served.
              Service out [r.24, r.25 and r.28]
              3.7. A claimant who serves a claim form on a defendant out of the jurisdiction must first file and serve with the claim form a copy of a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction.
              3.8. The notice shall be in accordance with Form CFI 32.
              Answering a claim and making a counterclaim [r.35, r.36, r.37, r.42, r.43, r.44 and r.50]
              3.9. The Rules require that a defendant must file and serve an acknowledgement of service within 14 days after service of the claim form.
              3.10. An acknowledgment of service shall be in accordance with Form CFI 7.
              3.11. The defendant may file and serve an admission in accordance with Rule 42, together with any request for time to pay in accordance with Rule 43, in accordance with Form CFI 34.
              3.12. The Rules also require that a defendant who wishes to defend all or part of a claim must file and serve a defence within 28 days after service of the claim form.
              3.13. The defence must set out the defendant’s answer to the particulars of the claim and the propositions of law advanced by the claimant. A defence shall be in accordance with Form CFI 8.
              3.14. A defendant who wishes to make a counterclaim must:
              (a) state what final orders the defendant seeks by counterclaim;
              (b) include particulars of the counterclaim in numbered paragraphs within the form, which shall include:
              (i) particulars of the factual matters relevant to the counterclaim;
              (ii) any relevant calculations for the amount or amounts claimed;
              (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment; and
              (iv) the propositions of law advanced by the defendant; and
              (c) state whether the defendant sues in person, by authorised officer or, if represented by a lawyer, the name, address and email address of that lawyer.
              3.15. As a general rule, a counterclaim should not exceed 10 pages (excluding attachments). If the counterclaim is of such complexity that it is necessary to exceed this page limit, the defendant must include an index of topics within the particulars of claim.
              3.16. A counterclaim shall be in accordance with Form CFI 9.
              3.17. A copy of any document referred to in the defence or a counterclaim must be attached to the defence or the counterclaim unless that document has previously been uploaded to the eCourts Platform.
              Reply to a Defence [r.45]
              3.18. The claimant may, if in invited by the court to do so, file and serve a reply to a defence within 14 days after service of the defence and must set out the claimant’s reply to the particulars of the defence and the propositions of law advanced by the defendant.
              3.19. A copy of any document referred to in the reply must be attached to the reply unless that document has previously been uploaded to the eCourts Platform.
              3.20. A reply shall be in accordance with Form CFI 10.
              Defence to any Counterclaim and subsequent Reply [r.44 and r.45]
              3.21. A party who wishes to defend all or part of any counterclaim must file and serve a defence within 28 days after service of the counterclaim and must set out, that party’s answer to the particulars of the counterclaim and the propositions of law advanced by the defendant.
              3.22. A copy of any document referred to in the defence to counterclaim must be attached to the defence unless that document has been previously uploaded to the eCourts Platform.
              3.23. A defence to counterclaim shall be in accordance with Form CFI 8.
              3.24. A party, if invited by the Court to do so, may file and serve a reply to a defence to counterclaim. Such reply shall be in accordance with Form CFI 10 and must attach a copy of any document referred to in the reply unless that document has previously been uploaded to the eCourts Platform.
              Timetables
              3.25. If or when the Court sets a timetable for the taking of procedural steps in a case, the parties must comply with it.
              3.26. If the parties agree that the timetable should be adjusted the claimant (unless otherwise agreed by the parties) must file a written consent to the adjusted timetable using Form CFI 22.
              3.27. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment sought will not affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment should file and serve a statement using Form CFI 36 setting out its justification for the adjustment it seeks. The other party or parties shall file and serve any response using Form CFI 36 within 4 days of receipt of such statement. The Court will ordinarily resolve that dispute on the papers.
              3.28. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment as sought will affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment must make an application in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15.
              Order for specific disclosure [r.86]
              3.29. Where a party has good reason to believe that documents held by the other party would be likely to support their case or adversely affect the other party’s case, they may seek an order from the Court for the specific disclosure of such documents, and the Court may make an order for specific disclosure of those documents if it is satisfied that disclosure is necessary in order to dispose fairly of the claim or to save costs.
              3.30. An application for specific disclosure must be made by application notice in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15.
              Order for disclosure against non-party [r.88]
              3.31. Any application made to the Court for disclosure by a person who is not a party to the proceedings must be made in accordance with paragraphs 2.93 - 2.98 of Practice Direction 2.
              Case Management [r.8]
              3.32. The Court may make any order, give any direction or take any step it considers appropriate for the purpose of managing the proceedings.
              Court-ordered mediation [r.306]
              3.33. The Court may, of its own initiative or upon the request of any party, make an order referring the dispute or any part of the dispute to court-annexed mediation, where in the opinion of the Court such order appears appropriate.
              Allocation of hearing date
              3.34. A small claim will be given a hearing date as soon as reasonably possible.
              3.35. The Court will inform the parties of the amount of time allowed for the hearing.
              Preparation for the hearing
              3.36. The parties shall, not less than 14 days before the day fixed for the commencement of the hearing, exchange and file the following documents in accordance with Form CFI 11:
              (a) a written summary of the evidence to be given by each witness that a party intends to call at the hearing;
              (b) a copy of every document that the party will rely upon unless that document has previously been uploaded to the eCourts Platform; and
              (c) an outline of the legal arguments to be relied on, including details of any statutory provisions, cases or text book authority.
              Experts [r.142(2)]
              3.37. No expert may give evidence, whether written or oral, at a hearing without the permission of the Court.
              Conduct of the hearing [r. 8, r.175]
              3.38. The Court may adopt any method of proceedings at a hearing that it considers to be fair.
              3.39. The Court may, if all parties agree, decide the claim without a hearing.
              3.40. The Court may give permission to a party who is not a natural person to be represented by an employee or director who is not a lawyer, on being satisfied that the person is likely to be able to present the party’s case efficiently and to assist the Court in reaching a just result in accordance with the overriding objective set out in Rule 2(2).
              Non-attendance of parties at hearing [r.174]
              3.41. If a party who does not attend a hearing:
              (a) has given written notice to the Court and the other party at least 7 days before the hearing date that the party will not attend; and
              (b) has, in a written notice, requested the Court to decide the claim in that party’s absence and has confirmed that party’s compliance with paragraph 3.36 of this Practice Direction,
              the Court will take into account that party’s statement of case and any other documents that party has filed and served when it decides the claim.
              3.42. If a claimant neither attends the hearing nor gives notice under paragraph 3.41 of this Practice Direction, the Court may strike out the claim.
              3.43. If a defendant neither attends the hearing nor gives notice under paragraph 3.41 of this Practice Direction, but the claimant either attends the hearing or gives notice under paragraph 3.41, the Court may decide the claim on the basis of the evidence of the claimant alone.
              3.44. If neither party attends or gives notice under paragraph 3.41 of this Practice Direction, the Court may strike out the claim and any defence and counterclaim.
              Interest [r.179]
              3.45. Where interest is payable on a judgment debt and there is no agreed rate, it shall be at the rate of 9 per cent from the date that judgment is given until payment.
              3.46. Subject to any ADGM enactment, where interest is payable on all of any part of a debt or damages in relation to a period prior to, or as at, the date of judgment and there is no agreed rate, it shall be at the rate of 9 per cent.
              Setting aside judgment and re-hearing [r.174(3)]
              3.47. A party who was not present at the hearing of the claim may apply for an order that a judgment be set aside and the claim re-heard.
              3.48. A party who applies for an order that a judgment be set aside must file an application notice in accordance with Practice Direction 7 using Forms CFI 12 and 15 not more than 7 days after the day on which notice of the judgment was served on him.
              3.49. The Court may grant such application only if the applicant:
              (a) had a good reason for not attending the hearing; and
              (b) has a real prospect of success at the hearing.
              3.50. If a judgment is set aside:
              (a) the Court will fix a new hearing date for the claim; and
              (b) the hearing may take place immediately after the hearing of the application to set aside the judgment.
              3.51. A party may not apply to set aside a judgment:
              (a) if the Court dealt with the claim without a hearing under paragraph 3.39 of this Practice Direction; or
              (b) if a party provided written notice under paragraph 3.41 of this Practice Direction.
              Remission or deferral of fees [r.10]
              3.52. Where a party applies for full or part remission, or deferral of payment, of any court fees:
              (a) that party must set out in the relevant application form a statement of the grounds on which that party seeks full or part remission, or deferral of payment, of the court fees;
              (b) a person appointed by the Registrar to decide on a party’s application for remission or deferral of court fees shall decide without any hearing whether to grant that party’s application;
              (c) if a party wishes to dispute a decision on any such application, the party may apply to have the decision reviewed by the Registrar; and
              (d) the Registrar’s decision on review shall be final and not subject to further administrative review.
              B. APPEALS TO THE COMMERCIAL AND CIVIL DIVISION OF THE COURT OF FIRST INSTANCE
              Form of notice [r.205]
              3.53. A notice of appeal must:
              (a) be filed and served within 21 days of the date of final judgment or order;
              (b) be in accordance with Form CFI 19;
              (c) not exceed 10 pages;
              (d) attach a copy of the reasons given for the judgment or order against which the appeal is brought;
              (e) state the question or questions of law which the appellant alleges arise;
              (f) state in summary form why the appeal should be allowed; and
              (g) state what judgment or order the appellant alleges should have been given or made.
              Response to notice of appeal
              3.54. A party who seeks to respond to a notice of appeal may file and serve on the other parties to the proceedings a written response within 21 days of being served with the notice.
              3.55. Any response to a notice of appeal must:
              (a) be in accordance with Form CFI 20;
              (b) not exceed 10 pages; and
              (c) set out the grounds on which the appeal should be refused.
              3.56. The Court may give written directions to the parties about the further conduct of the appeal.
              Amended on July 7, 2020

            • PRACTICE DIRECTION 4 EMPLOYMENT CLAIMS

              Click herehere to view a PDF version of Practice Direction 4

              Date re-issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

              APPLICATION

              This Practice Direction must be read in conjunction with the following Practice Directions:
              Practice Direction 1 – General
              Practice Direction 6 – Service of Documents
              Practice Direction 7 – Applications
              Practice Direction 9 – Costs
              Practice Direction 10 – Offers to Settle
              Practice Direction 13 – Court-annexed Mediation

              To the extent to which the provisions of this Practice Direction differ from or are inconsistent with provisions of other Practice Directions, the provisions of this Practice Direction prevail in relation to all employment claims commenced in the Employment Division.

              Unless the Court orders otherwise, the following provisions shall apply.

              A. EMPLOYMENT CLAIMS
              4.1. An “employment claim” is a claim or dispute:
              (a) brought pursuant to or in connection with the ADGM Employment Regulations 2019; or
              (b) relating to any other employment matter to which sub-paragraph (a) does not apply.
              Making a claim [r.27]
              4.2. A claim form which commences proceedings in the Employment Division shall be in accordance with Form CFI 3.
              4.3. The claim form must:
              (a) state what final orders the claimant seeks;
              (b) include particulars of the claimant’s case in numbered paragraphs within the form, which shall include:
              (i) particulars of the factual matters relevant to the claim;
              (ii) any relevant calculations for the amount or amounts claimed;
              (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
              (iv) the propositions of law which entitles the claimant to the final orders sought;
              (c) include the details of, and attach, all documents which record any of the terms of employment between the claimant and the defendant, including letters of offer and acceptance of employment, contracts or agreements for employment and any variations to the terms during the period of employment and any other documents that the claimant seeks to rely on;
              (d) state the claimant’s rate of remuneration prior to the commencement of the claim; and
              (e) state whether the claimant sues in person, by authorised officer or, if represented by a lawyer, the name, address and email address of that lawyer.
              4.4. As a general rule, a claim form should not exceed 15 pages (excluding attachments). If the claim is of such complexity that it is necessary to exceed this page limit, the claimant must include an index of topics within the particulars of claim.
              4.5. Part 4 of the CPR prescribe how a claim form may be served.
              Service out [r.24, r.25 and r.28]
              4.6. A claimant who serves a claim form on a defendant out of the jurisdiction must first file and serve with the claim form a copy of a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction.
              4.7. The notice shall be in accordance with Form CFI 32.
              Answering a claim [r.35, r.36, r.37, r.42, r.43 and r.44]
              4.8. The Rules require that a defendant must file and serve an acknowledgement of service within 14 days after service of the claim form.
              4.9. An acknowledgment of service shall be in accordance with Form CFI 7.
              4.10. The defendant may file and serve an admission in accordance with Rule 42, together with any request for time to pay in accordance with Rule 43, in accordance with Form CFI 34.
              4.11. The Rules also require that a defendant who wishes to defend all or part of a claim must file and serve a defence within 28 days after service of the claim form.
              4.12. The defence must set out the defendant’s answer to the particulars of the claim, including any calculations, and the propositions of law advanced by the claimant.
              4.13. The defence must attach a copy of any document referred to therein unless that document has been previously uploaded to the eCourts Platform.
              4.14. A defence shall be in accordance with Form CFI 8.
              Making a counterclaim [r.50]
              4.15. A defendant who wishes to make a counterclaim must:
              (a) state what final orders the defendant seeks by counterclaim;
              (b) include particulars of the counterclaim in numbered paragraphs within the form, which shall include:
              (i) particulars of the factual matters relevant to the counterclaim;
              (ii) any relevant calculations for the amount or amounts claimed; and
              (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
              (iv) the propositions of law advanced by the defendant; and
              (c) state whether the defendant sues in person, by authorised officer or, if represented by a lawyer, the name, address and email address of that lawyer.
              4.16. The counterclaim must attach a copy of any document referred to therein unless that document has previously been uploaded to the eCourts Platform.
              4.17. As a general rule, a counterclaim should not exceed 15 pages (excluding attachments). If the counterclaim is of such complexity that it is necessary to exceed this page limit, the claimant must include an index of topics within the particulars of claim.
              4.18. A counterclaim shall be in accordance with Form CFI 9.
              Reply to a defence [r.45]
              4.19. A claimant, if invited by the Court to do so, may file and serve a reply to the defence.
              4.20. The reply must attach a copy of any document referred to therein unless that document has previously been uploaded to the eCourts Platform.
              4.21. A reply shall be in accordance with Form CFI 10.
              Defence to any counterclaim and any subsequent reply [r.44 and r.45]
              4.22. A party who wishes to defend all or part of any counterclaim must file and serve a defence to counterclaim within 28 days after service of the counterclaim.
              4.23. The defence to counterclaim must attach a copy of any document referred to therein unless that document has previously been uploaded to the eCourts Platform.
              4.24. A defence to counterclaim shall be in accordance with Form CFI 8.
              4.25. A party, if invited by the Court to do so, may file and serve a reply to a defence to counterclaim. Such reply shall be in accordance with Form CFI 10 and must attach a copy of any document referred to therein unless that document has previously been uploaded to the eCourts Platform.
              Timetables
              4.26. If or when the Court sets a timetable for the taking of procedural steps in a case, the parties must comply with it.
              4.27. If the parties agree that the timetable should be adjusted, the claimant (unless otherwise agreed by the parties) must file a written consent to the adjusted timetable using Form CFI 22.
              4.28. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment sought will not affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment should file and serve a statement using Form CFI 36 setting out its justification for the adjustment it seeks. The other party or parties shall file and serve any response using Form CFI 36 within 4 days of receipt of such statement. The Court will ordinarily resolve that dispute on the papers.
              4.29. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment as sought will affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment must make an application in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15.
              Order for specific disclosure [r.86]
              4.30. Where a party has good reason to believe that documents held by the other party would likely support their case or adversely affect the other party’s case, they may seek an order from the Court for the specific disclosure of such documents, and the Court may make an order for specific disclosure of those documents if it is satisfied that disclosure is necessary in order to dispose fairly of the claim or to save costs.
              Order for disclosure against non-party
              4.31. Any application made to the Court for disclosure by a person who is not a party to the proceedings must be made in accordance with paragraphs 2.93 - 2.98 of Practice Direction 2.
              Case Management
              4.32. The Court will convene an initial case management conference within 14 days of the close of pleadings (which in normal course will be after the filing of a defence). Case management conferences will ordinarily be conducted by video or telephone conference as arranged by the Court.
              4.33. At the initial case management conference, the parties' legal representatives (or any party appearing in person) should be in a position to inform the Court of the following:
              (a) the issues likely to arise in the proceedings;
              (b) the number of witnesses, if any, and the provision of witness statements;
              (c) the directions which each party seeks in relation to the pre-hearing steps and any other relevant matters, including any agreement reached between the parties in regard to those directions; and
              (d) any other matter which the parties may wish to bring to the Court's attention to achieve the efficient management of the case to hearing.
              4.34. At the initial case management conference, the Court will:
              (a) decide a timetable for the pre-hearing steps necessary to be taken; and
              (b) fix a hearing date or a provisional hearing date.
              4.35. The Court may make any order, give any direction or take any step it considers appropriate for the purpose of managing the proceedings.
              Court-ordered mediation [r.306]
              4.36. The Court may, of its own initiative or upon the request of any party, make an order referring the dispute or any part of the dispute to court-annexed mediation, where in the opinion of the Court such order appears appropriate.
              Experts [r.142(2)]
              4.37. No expert may give evidence, whether written or oral, at a hearing without the permission of the Court.
              Conduct of the hearing [r.8]
              4.38. The Court may adopt any method of proceedings at a hearing that it considers to be fair.
              4.39. The Court may, if all parties agree, deal with the claim without a hearing.
              Non-attendance of parties at hearing [r.174]
              4.40. If a party who does not attend a hearing:
              (a) has given written notice to the Court and the other party at least 7 days before the hearing date that the party will not attend; and
              (b) has, in a written notice, requested the Court to decide the claim in that party’s absence,
              the Court will take into account that party’s statement of case and any other documents that party has filed and served when it decides the claim.
              4.41. If a claimant neither attends the hearing nor gives notice under paragraph 4.40 of this Practice Direction, the Court may strike out the claim.
              4.42. If a defendant neither attends the hearing nor gives notice under paragraph 4.40 of this Practice Direction, but the claimant either attends the hearing or gives notice under paragraph 4.40, the Court may strike out the defence or counterclaim or both and decide the claim on the basis of the evidence of the claimant alone.
              4.43. If neither party attends or gives notice under paragraph 4.40 of this Practice Direction, the Court may strike out the claim and any defence and counterclaim.
              Interest [r.179]
              4.44. Where interest is payable on a judgment debt and there is no agreed rate, it shall be at the rate of 9 per cent from the date that judgment is given until payment.
              4.45. Subject to any ADGM enactment, where interest is payable on all of any part of a debt or damages in relation to a period prior to, or as at, the date of judgment and there is no agreed rate, it shall be at the rate of 9 per cent.
              Setting aside judgment and re-hearing [r.174(3)]
              4.46. A party who was not present at the hearing of the claim may apply for an order that a judgment be set aside and the claim re-heard.
              4.47. A party who applies for an order that a judgment be set aside must file an application notice in accordance with Practice Direction 7 not more than 7 days after the day on which notice of the judgment was served on him.
              4.48. The Court may grant such application only if the applicant:
              (a) had a good reason for not attending the hearing; and
              (b) has a real prospect of success at the hearing.
              4.49. If a judgment is set aside:
              (a) the Court will fix a new hearing date for the claim;
              (b) the hearing may take place immediately after the hearing of the application to set aside the judgment; or
              (c) the Court may make directions in regard to a new hearing.
              4.50. A party may not apply to set aside a judgment:
              (a) if the Court dealt with the claim without a hearing under paragraph 4.39 of this Practice Direction; or
              (b) if a party provided written notice under paragraph 4.40 of this Practice Direction.
               
              Amended on July 7, 2020

            • PRACTICE DIRECTION 5 PARTICULAR CLAIMS

              Click here to view a PDF version of Practice Direction 5

              Date re-issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

              This Practice Direction must be read in conjunction with other Practice Directions including, in particular:
              • Practice Direction 2 – Commercial and Civil Claims
              • Practice Direction 3 – Small Claims
              • Practice Direction 4 – Employment Claims
              • Practice Direction 6 – Service of Documents
              • Practice Direction 13 – Court-Annexed Mediation

              Unless the Court orders otherwise, the following provisions shall apply.

              A. GROUP LITIGATION ORDERS
              Procedures [r.63(2)]
              5.1. If a claimant alleges that there are, or are likely to be, a number of claimants making similar claims which give rise to common or related issues of fact or law (“the GLO issues”) the claimant may apply, before or after the commencement of a proceeding in the Court, for a Group Litigation Order (“a GLO”).
              5.2. The application for a GLO must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              5.3. The application notice must specify:
              (a) each issue of fact or law which the claimant alleges is a GLO issue;
              (b) each pending proceeding in the Court in which that GLO issue arises or is likely to arise;
              (c) the claimant’s estimate of the number of persons who have made or are likely to make claims raising one or more of those GLO issues;
              (d) what steps the claimant will allege should be taken to identify which claims are to be managed as a group under the GLO; and
              (e) the terms on which a person may enter a claim on the group register to be managed as one of the group of claims managed under the GLO.
              No default judgment [r.40(1)(e)]
              5.4. A claimant whose claim is entered on the group register may not obtain a default judgment under Rule 39 without the permission of the Court.
              B. CLAIMS FOR DAMAGES FOR PERSONAL INJURY
              Matters to be stated in claim form [r.189]
              5.5. A claimant claiming damages for personal injury must set out the following matters in the claim form:
              (a) date of birth;
              (b) business, profession or occupation at the time of the injury for which he claims damages;
              (c) what amounts are claimed for past costs or expenses, including medical, hospital and like expenses;
              (d) whether the claimant claims any amount for past loss of income and, if so,
              (i) the period of the loss and the amount claimed; and
              (ii) the claimant’s total income in the 12 months immediately preceding the injury for which damages are claimed, and the source and amount of each part of that income;
              (e) whether the claimant claims any amount for loss of future earning capacity and, if so,
              (i) the annual earnings the claimant claims that the damages should be based on; and
              (ii) the discount rate that should be applied to yield a net present value of the alleged loss;
              (f) whether the claimant claims provisional damages; and
              (g) whether the claimant claims that part or all of the damages claimed should take the form of periodical payments.
              Offer to settle a claim for future pecuniary loss [r.164(4)]
              5.6. If an offeror makes a Part 18 offer proposing to settle a claim for damages for personal injury, which is or includes a claim for future pecuniary loss, the offer:
              (a) must state the amount of any offer to pay or to accept the whole or part of any damages in the form of a lump sum;
              (b) may state what part of the lump sum, if any, relates to damages for future pecuniary loss and what part, if any, relates to other damages to be paid or accepted in the form of a lump sum;
              (c) must state what part of the offer relates to damages for future pecuniary loss to be paid or accepted in the form of periodical payments and, if it does, must specify:
              (d) the amount and duration of the periodical payments;
              (i) the amount of any payments for substantial capital purchases and when they are to be made;
              (ii) whether the amount of any of those payments is to vary according to some identified index; and
              (iii) how such damages are to be paid and how the continuity of their payment is to be secured.
              Claims for provisional damages [r.186 and r.187]
              5.7. In any case where a claimant claims provisional damages, the claimant must identify in the claim form:
              (a) why section 35 of the Regulations applies;
              (b) the disease or type of deterioration which the claimant claims the Court should assume, when assessing damages, that the claimant will not develop or suffer; and
              (c) the period within which, or the date from which, the claimant claims that the Court should permit a subsequent application for damages to be made if the claimant develops that disease or suffers that type of deterioration.
              Offer to settle a claim for provisional damages [r.165]
              5.8. If an offeror makes a Part 18 offer proposing to settle a claim for damages for personal injury on terms that the settlement shall include an award of provisional damages, the offer must contain the following information:
              (a) what disease or deterioration the offeror proposes that the claimant should be assumed not to develop or suffer; and
              (b) the period during which, or the date from which, the offeror proposes that a subsequent application for damages is to be made if the claimant develops that disease or suffers that type of deterioration.
              Claims for damages in the form of periodical payments [r.188 and r.189]
              5.9. In any case where a claimant claims damages in the form of periodical payments, the claimant must identify in the claim form:
              (a) why section 51 of the Regulations applies; and
              (b) why the claimant seeks an award of damages in the form of periodical payments.
              5.10. The factors to which the Court shall have regard when deciding whether to make an award of damages in the form of periodical payments include:
              (a) the scale of the annual payments taking into account any deduction for contributory negligence;
              (b) the form of award preferred by the claimant including:
              (i) the reason for the claimant’s preference;
              (ii) the nature of any financial advice the claimant received when considering whether to claim damages by way of periodical payments; and
              (iii) the form of award preferred by the defendant.
              5.11. An order awarding damages in the form of periodical payments must state:
              (a) the annual amount awarded, how each payment is to be made during the year and at what intervals;
              (b) the amount awarded for future loss of earnings and other income;
              (c) the amount allowed for future care and medical costs and other recurring or capital costs;
              (d) that the claimant’s annual future pecuniary losses, as assessed by the Court, are to be paid for the duration of the claimant’s life, or such other period as the Court orders; and
              (e) that the amount of the payments shall vary annually by reference to a stated index.
              5.12. If an amount awarded for future loss of earnings and other income is to increase or decrease on a certain date, the order must also specify:
              (a) the date on which the increase or decrease is to take effect; and
              (b) the method by which the amount of the increase or decrease is to be calculated.
              5.13. In deciding whether special circumstances make an assignment or change of periodical payments necessary, the Court must have regard to such of matters as are relevant to the particular case, bearing in mind the need to ensure that the claimant receives the fullest possible use of and benefit from the payments.
              C. JUDICIAL REVIEW
              Application for permission [r.218(2)] and content of claim form [r.219(2)]
              5.14. An application for permission to bring a claim for judicial review is made by filing a claim form in accordance with Form CFI 4.
              5.15. The claim form is to be served in accordance with Rule 220(2).
              5.16. The claim form must state, in numbered paragraphs:
              (a) what ADGM enactment, decision, action or failure to act the claimant challenges;
              (b) what interest the claimant has in the matter to which the application relates;
              (c) the grounds for the claimant’s challenge;
              (d) where the claimant challenges the lawfulness of a decision, action or failure to act, what person or authority the claimant alleges made the decision, took the action or failed to act;
              (e) what other person or persons is or are interested in the matter to which the application relates;
              (f) what relief the claimant seeks from the Court;
              (g) where the claimant seeks to make a claim for damages, restitution or the recovery of any sum due, the grounds for that claim; and
              (h) the source, nature and extent of the financial resources available, or likely to be available, to the claimant to meet liabilities arising in connection with the application.
              Acknowledgment of service [r.221]
              5.17. An acknowledgment of service of a claim for judicial review must be in accordance with Form CFI 7A.
              Service of evidence [r.229]
              5.18. Evidence on which the claimant seeks to rely, whether in support of his application for permission, or his claim if permission is given, is to be in accordance with Form CFI 15 and must be served with the claim form.
              5.19. Rule 35(2) does not apply to these proceedings, but evidence on which a defendant seeks to rely, whether in opposition to the application for permission or the claim, is to be in accordance with Form CFI 15 and must be served within 21 days after the defendant files and serves an acknowledgment of service.
              Powers of Court [r.230]
              5.20. The Court will conduct hearings proportionately, having regard to the amounts at stake and the complexity of the issues.
              5.21. In managing a case, the Court may make any order, give any direction or take any step it considers appropriate having regard to the circumstances of the case and the overriding objective.
              5.22. The Court may decide, at a preliminary hearing, to refuse permission to bring a claim for judicial review if the Court considers that:
              (a) the claimant has no real prospect of succeeding in the claim for judicial review and there is no other compelling reason why the application for permission should be disposed of after a hearing;
              (b) it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred; or
              (c) the claimant is likely to be unable to meet an order for costs if the claim for judicial review is dismissed.
              No default judgment [r.40(1)(e)]
              5.23. A claimant for judicial review may not obtain a default judgment under Rule 39.
              Obligations of disclosure of documents
              5.24. Neither the claimant nor any defendant to a claim for judicial review need provide disclosure of documents.
              D. DERIVATIVE CLAIMS [r.59 and r.60]
              Documents required to be served on the company
              5.25. Rule 59(3) provides that a derivative claim is commenced by issuing a claim form. A claimant must use Form CFI 44 when making a derivative claim. The company must be made a defendant to the claim.
              5.26. In order to seek permission to continue the claim, as required under Rule 60(1), a claimant must file an application notice in accordance with Form CFI 12 (“permission application”). The company must not be made a respondent to the permission application.
              5.27. The permission application must be supported by the written evidence in accordance with Form CFI 15 that the claimant relies upon to seek the Courts’ permission to continue with the claim.
              5.28. The claimant must notify the company of the claim and the permission application by serving a copy of the following documents upon the company at least 14 days before the date allocated for the hearing of the permission application:
              (a) the claim form;
              (b) the permission application; and
              (c) the written evidence in support of the permission application.
              5.29. A permission application will ordinarily be decided on the papers without further argument or submission.
              E. CONTEMPT
              Application for penalty and service [r.288 and r.290]
              5.30. The application notice making a penalty application:
              (a) under Rule 288 is to be made using Form CFI 12.
              (b) under Rule 290 is to be made by a Rule 30 claim form using Form CFI 6.
              5.31. A penalty application under Rule 288 must be supported by an affidavit and must state:
              (a) what judgment, order or undertaking it is alleged that the respondent has disobeyed;
              (b) when and how a copy of the judgment or order, or judgment or order recording the undertaking, was served on the person alleged to have disobeyed the judgment, order or undertaking or, if the judgment or order was not served, when the Court dispensed with service; and
              (c) when and how the respondent is alleged to have disobeyed that judgment, order or undertaking.
              5.32. A penalty application made under Rule 290 must be accompanied by the following statements and documents:
              (a) the claimant must identify the acts matters and circumstances alleged to constitute an interference with the due administration of justice and identify what proceedings in a court, panel or tribunal the claimant alleges have been, or may have been, affected by that conduct; and
              (b) any document which the claimant proposes to tender in evidence at the trial of the application.
              5.33. A penalty application made under Rule 290 must be served personally on the respondent unless the Court gives permission to serve it in some other manner.
              No default judgment [r 40(1)(e)]
              5.34. An applicant for a penalty under Rule 290 may not obtain a default judgment under Rule 39.
              F. ARBITRATION CLAIMS
              Privacy of arbitration claims [r.231(5)]
              5.35. All arbitration claims are to be heard in closed court.
              5.36. Judgments relating to arbitration claims will ordinarily be published in anonymised form.
              Arbitration claims – Rule 30 procedure [r.231, r.30, r.31 and r.32]
              5.37. An arbitration claim using the Form 30 procedure must be made using Form CFI 28 and must be accompanied by written evidence using Form CFI 15.
              G. APPLICATIONS UNDER AN ADGM ENACTMENT
              5.38. This section does not apply to any proceedings commenced under the Insolvency Regulations 2015.
              5.39. ADGM Enactments, including Article 13(7) of Abu Dhabi Law No. 4 of 2013, provide for certain applications to be made to the Court.
              5.40. An application of the kind referred to in paragraph 5.39 of this Practice Direction is to be made in accordance with any provision made by the relevant ADGM Enactment, but subject to any contrary provision made by an ADGM Enactment, may be made by filing a claim form in accordance with Form CFI 1 or Form CFI 3.
              5.41. Further steps in any proceedings referred to in paragraph 5.39 of this Practice Direction shall be in accordance with the provisions of the relevant ADGM Enactment.
              Amended on July 7, 2020

            • PRACTICE DIRECTION 6 SERVICE OF DOCUMENTS

              Click here to view a PDF version of Practice Direction 6

              Date first issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

              APPLICATION
              This Practice Direction must be read in conjunction with the following Practice Directions:
              - Practice Direction 1 – General
              - Practice Direction 2 – Commercial and Civil Claims
              - Practice Direction 3 – Small Claims
              - Practice Direction 4 – Employment Claims
              - Practice Direction 5 – Particular Claims
              - Practice Direction 7 – Applications
              - Practice Direction 8 – Evidence
              - Practice Direction 9 – Costs
              - Practice Direction 11 – Appeals
              To the extent to which the provisions of this Practice Direction differ from or are inconsistent with provisions of other Practice Directions, the provisions of this Practice Direction prevail in relation to the service of a claim form.
              Unless the Court orders otherwise, the following provisions shall apply.
              A. INTRODUCTION
              6.1 Subject to Rule 15(1),
              (a) where a person to be served has access to the eCourts Platform (including through a legal representative), all documents shall be served on that person through the eCourts Platform; and
              (b) where a person to be served does not have access to the eCourts Platform (including through a legal representative), a document other than a claim form may be served on that person under this Part as if the document were a claim form.
              6.2 The provisions which follow in this Practice Direction relate to the service of a claim form (also known as “service of process”).
              6.3 Service of process is the method by which a party formally is notified that an action against him is pending before the Court. Part 4 of the CPR and this Practice Direction have been developed to provide that, as far as is reasonably possible, a party is notified of the proceedings against him whilst adopting a pragmatic and proportionate approach to service of process. This includes the use of technology to effect service of process.
              6.4 For the purpose of Part 4 and this Practice Direction, a party to the proceedings may use a third party to effect service in lieu of that party effecting service in person, including by means of engaging a courier, process server or like provider.
              6.5 A claimant should avoid serving a claim form on a Friday if the party to be served would likely to take offence. Nothing in this paragraph modifies the time limits within which a party is required to serve a claim form under any rule, practice direction, ADGM enactment or Court order.
              B. PERSONAL SERVICE ON AN INDIVIDUAL [Rule 16]
              6.6 Rules 16(2)(a) and 16(4)(a) provide that if the individual to be served refuses to receive the claim form and the individual is informed of the nature of the document by the server, then the claim form is deemed to have been served on the individual at the time of such refusal if the document is left in his presence. For the purpose of satisfying this requirement, it is sufficient for the individual to be served to be told that the document comprises a claim filed against him in the Court.
              6.7 If the claimant elects to leave the claim form with a person for the purpose of Rule 16(2)(b), then the claimant must include the following in any certificate of service filed pursuant to Rule 21:
              (a) the name of the person who received the document;
              (b) a statement:
              (i) that the person who received the document was, or appeared to be, over the age of 18;
              (ii) that the nature of the document was described to the person;
              (iii) that the person agreed to pass the document onto the individual to be served; and
              (iv) details of the follow up email, text message (or like message) that was sent for the purpose of Rule 16(3).
              6.8 For the purpose of sub-paragraph 6.7(ii), it shall be sufficient for the person to be told that the document comprises a claim filed against the individual to be served in the Court.
              6.9 For the purpose of sub-paragraph 6.7(iii), the claimant is encouraged to obtain the agreement in writing, and any such agreement shall be appended to the certificate of service.
              6.10 If the claimant elects to affix the claim form on the door or gate of the residence for the purpose of Rule 16(2)(c), then the claimant must include in, or append to, any certificate of service filed pursuant to Rule 21:
              (a) the reason why the claimant elected to affix the claim form on the door or gate;
              (b) the evidence relied on to show that the individual to be served with the document still resides at the place of residence at the time the document was affixed on the door or gate;
              (c) photographic evidence which shows the claim form affixed on the door or gate; and
              (d) details of the follow up email, text message (or like message) that was sent for the purpose of Rule 16(3).
              6.11 If the claimant elects to leave the claim form with a member of management or a co-worker for the purpose of Rule 16(4)(b), then the claimant must include the following in any certificate of service filed pursuant to Rule 21:
              (a) the name and address of the company, business or other place of work where the document was left, the name of the person who received the document and their position in the company, business or other place of work;
              (b) a statement:
              (i) that the person who received the document was, or appeared to be, over the age of 18;
              (ii) that the nature of the document was described to the person who received the document;
              (iii) that the person agreed to pass the document onto the individual to be served; and
              (iv) details of the follow up email, text message (or like message) that was sent for the purpose of Rule 16(5).
              6.12 For the purpose of sub-paragraph 16(b)(ii), it shall be sufficient for the person who received the document to be told that the document comprises a claim against the individual to be served in the Court.
              6.13 For the purpose of sub-paragraph 16(b)(iii), the claimant is encouraged to obtain the agreement in writing and any such agreement shall be appended to the certificate of service.
              6.14 If the claimant elects to affix the claim form on the door or gate of the individual’s workplace for the purpose of Rule 16(4)(c), then the claimant must include in, or append to, any certificate of service filed pursuant to Rule 21:
              (a) the reason why the claimant elected to affix the claim form on the door or gate of the workplace;
              (b) the evidence relied on to show that the individual to be served with the document still worked at the workplace at the time the document was affixed on the door or gate;
              (c) photographic evidence that the claim form was affixed on the door or gate of the workplace; and
              (d) details of the follow up email, text message (or like message) that was sent for the purpose of Rule 16(5).
              6.15 For the purpose of Rules 16(2)(c) and 16(4)(c):
              (a) where the claimant elects to affix the claim form to the door or gate of a place of residence or workplace, affix is to include attach, stick, fasten, bind, fix, post, secure, join, connect and couple. If these actions are not reasonably possible, the claimant may place the claim form against the base of the door or gate and secure it by means of a dense object;
              (b) the door or gate of a place of residence may include the front or back door or gate; and
              (c) the door or gate of a workplace is a reference to the main door or gate of the workplace unless, in all the circumstances, it is reasonably necessary to affix the claim form to another door or gate.
              6.16 It is the responsibility of the claimant to take due care when affixing a claim form to a door or a gate. For the avoidance of doubt, the claimant is not authorised or permitted under Part 4 or this Practice Direction to cause damage to a door or a gate when affixing a claim form.
              C. SERVICE ON A COMPANY, PARTNERSHIP OR ANY OTHER ENTITY [Rule 16A]
              6.17 For the purpose of Rule 16A, a claim form that is left at, or sent by post, is to be provided in a sealed envelope and marked to the attention of one of the following:
              (a) in respect of a company, a director, the treasurer, secretary, chief executive, manager or other officer of the company;
              (b) in respect of a partnership, a member of the partnership or other officer of the partnership; or
              (c) in respect of any other entity, in addition to those persons set out in sub-paragraphs (a) and (b), the chairman, president or other officer of the entity.
              6.18 For the purpose of Rule 16A, post shall include registered post.
              6.19 Any certificate of service filed must adequately address the matters set out in paragraph 6.17 above.
              D. EMAIL OR OTHER MEANS OF ELECTRONIC COMMUNICATION [Rule 16B]
              6.20 This section applies to Rule 16B. For the avoidance of doubt, this section does not apply to Rules 16(3) and 16(5) save that the reference to “like messaging” in those rules shall have the same meaning as in paragraph 6.27(a).
              Email
              6.21 Rule 16(B)(3)(a) provides that service of a claim form by email is only permitted if it can be shown that the email account to which the document is sent belongs to the person to be served and is still accessed by that person. Depending on the circumstances, this may be demonstrated by one of, or a combination of, the following:
              (a) an agreement from the person to be served that the email account is to be used for the purpose of receiving the document;
              (b) an acknowledgment from the person to be served that they have received the document;
              (c) a course of conduct between the parties which shows the person to be served regularly uses the email account;
              (d) an internet, website or social media search which shows that the person to be served holds out the email account as belonging to them;
              (e) any government or official record which shows that the email account belongs to the person to be served;
              (f) any other document which shows that the person to be served holds out the email account as belonging to them;
              (g) a “delivery receipt” or “read receipt” notification in relation to the email sent; and
              (h) any other means which reasonably shows that the email account belongs to the person to be served and is still accessed by that person.
              6.22 For the purpose of service on a company, partnership or other entity, the person to be served must fall within the description in paragraph 6.17.
              6.23 Any certificate of service filed must adequately address the matters set out in paragraph 6.21 and shall attach any relevant supporting documents.
              6.24 If the claimant receives a failed delivery notification or an out of message notification in relation to the email sent, service of the document is deemed to have not been effected.
              Mobile SMS or like messaging
              6.25 Rule 16(B)(3)(b) provides that service of a claim form by mobile text message (SMS) (or like messaging) is only permitted if it can be shown that the mobile number to which the document, or notice of the document, is sent belongs to the person to be served and is still accessed by that person. Depending on the circumstances, this may be demonstrated by one of, or a combination of, the following:
              (a) an agreement from the person to be served that the mobile number is to be used for the purpose of receiving the document or notice of the document;
              (b) an acknowledgment from the person to be served that they have received the document or notice of the document;
              (c) a course of conduct between the parties which shows the person to be served regularly uses the mobile number;
              (d) an internet, website or social media search which shows that the person to be served holds out the mobile number as belonging to them;
              (e) any government or official record which shows that the mobile number belongs to the person to be served;
              (f) any other document which shows that the mobile number belongs to the person to be served;
              (g) a “delivery receipt” or “read receipt” notification in relation to the document or notification sent; and
              (h) any other means which reasonably shows that the mobile number belongs to the person to be served and is still accessed by that person.
              6.26 For the purpose of service on a company, partnership or other entity, the person to be served must fall within the description in paragraph 6.17.
              6.27 For the purpose of Rule 16(B)(3)(b) and paragraph 6.25:
              (a) like messaging includes notification via WhatsApp, Messenger and any such like applications;
              (b) notice requires the recipient to be notified of the:
              (i) ADGM Courts’ case number;
              (ii) parties to the proceeding (and that the recipient is a party to the proceeding);
              (iii) requirement that the recipient must file an acknowledgment of service within 14 days otherwise default judgment may be entered against him; and
              (iv) means by which the recipient can obtain a copy of the claim form.
              6.28 Any certificate of service filed must adequately address the matters set out in paragraphs 6.25 to 6.27 and shall attach any relevant supporting documents.
              6.29 For the purpose of Rule 16(B)(3)(c):
              (a) like messaging has the same meaning as in paragraph 6.27(a); and
              (b) the claimant should seek to agree with the person to be served the email address, mobile number or such other contacts details of the lawyer nominated for the purpose of accepting service of the claim form.
              6.30 If the claimant receives a failed delivery or similar notification in relation to the mobile text message or email sent, or like message sent, service of the document is deemed not to have been effected.
              E. PLACE TO SERVE THE CLAIM FORM [Rule 17]
              Proceedings against ADGM and Authorities
              6.31 A document, including a claim form, must be served by email on:
              (b) ADGM Registration Authority, at ra.courtsservice@adgm.com; and
              (c) ADGM Financial Services Regulatory Authority, at fsra.courtsservice@adgm.com.
              F. SERVICE OF DOCUMENTS BY AN ALTERNATIVE METHOD OR AT AN ALTERNATIVE PLACE [Rule 19]
              6.32 In making any application to the Court under Rule 19, the applicant is encouraged to consider alternative methods or places of service that are likely to be effective in bringing the claim form to the attention of the person to be served. In this respect, the applicant ought to consider making use of technology for alternative means of service.
              6.33 For example, the applicant should consider whether the person has any social media accounts which are active where the claim form, or notice of the claim form, could be provided to the person. In making any such application for alternative service, the criteria set out in paragraphs 6.25 to 6.27 are likely to be equally as relevant as if they apply to social media accounts.
              6.34 An application under Rule 19 for service by publication in any newspaper should only be considered as a last resort and should contain evidence that the person to be served is literate in the language of the newspaper in which the advertisement will be placed.
              Amended on July 9, 2020

            • PRACTICE DIRECTION 7 APPLICATIONS

              Click here to view a PDF version of Practice Direction 7

              Date first issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016. (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

              This Practice Direction does not relate to any applications made in respect of insolvency proceedings. Any such applications are to be made in accordance with Practice Direction 14.

              Unless the Court orders otherwise, the following provisions shall apply.

              A. PRE-CLAIM APPLICATIONS (r.64(3))
              7.1. An application for an urgent interim remedy may be made prior to the filing of a claim on condition that an undertaking is given to the Court to file such a claim within a period of 2 days after the application is filed.
              7.2. An applicant who wishes to apply to the Court for an urgent interim remedy prior to a claim being filed must file an application notice in accordance with Form CFI 12A, supported by witness statement evidence in accordance with Form CFI 15.
              7.3. The application notice must include or attach:
              (a) the order or orders that the applicant seeks from the Court;
              (b) all witness statements that the applicant relies on in support of the application;
              (c) an undertaking by the applicant to file a claim within 2 days of the issuing of the application notice by the Court; and
              (d) a statement as to whether the applicant requests a without notice hearing of the application and the reasons for the request.
              Applications made without notice (r.64 and 65)
              7.4. Applications made without notice are to be submitted to the Court by email to registry@adgmcourts.com.
              7.5. An application may be made without notice if this is permitted by a rule, a practice direction or otherwise is with the Court’s permission. The Court’s permission will be granted only where:
              (a) there is exceptional urgency;
              (b) it is otherwise desirable to do so in the interests of justice; or
              (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application.
              7.6. Where the Court is asked to make an order on an application without notice, the applicant must bring to the Court’s attention any matter which, if the respondent was represented, the respondent would wish the Court to be aware of. This includes any matters which might tend to undermine the application.
              7.7. Where the Court makes an order on an application without notice, whether granting or dismissing an application, the Court may make orders that the applicant serve on every person against whom an order was sought or made:
              (a) the application notice;
              (b) all written material on which the applicant sought to rely in support of his application;
              (c) a transcript of the hearing of the application;
              (d) a copy of the order; and
              (e) notice that any person against whom an order was sought or made may apply to have the order set aside or varied.
              Applications made with notice
              7.8. Where the application is to be made upon notice, the application notice, the witness statement evidence and any other written material on which the applicant may seek to rely at the hearing of the application must be served on each respondent within 7 days after the filing of such documents, and thereafter:
              (a) the applicant must file a certificate of service in accordance with Form CFI 31 within a further 7 days;
              (b) a respondent to an application notice must file a notice of appearance in accordance with Form CFI 23 within 7 days of being served with the application notice, if the respondent wishes to raise any matter before the Court in response to the application or in relation to the order(s) sought by the applicant; and
              (c) the Court may give directions regarding the hearing of the application, including the filing of any evidence in response by the respondent, as the Court considers appropriate.
              Proceeding in the absence of a party
              7.9. If an applicant or respondent to an application does not attend the hearing of the application, the Court may proceed in his absence.
              Proceeding without a hearing
              7.10. The Court may deal with any application without a hearing:
              (a) if the parties agree as to the terms of the order;
              (b) if the parties agree that the Court should dispose of the application without a hearing; or
              (c) if the Court does not consider that a hearing would be appropriate.
              B. POST-CLAIM APPLICATIONS
              Application notice (r.64)
              7.11. A party wishing to make an application to the Court before the trial commences, or after judgment has been given, must file an application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              7.12. The application notice must include or attach:
              (a) the order or orders that the applicant seeks from the Court;
              (b) all witness statements that the applicant relies on in support of the application; and
              (c) whether the applicant requests a hearing of the application and, if so, whether the hearing is to be conducted on a without notice or on an expedited basis including any reasons supporting the request.
              Service of application notice and material in support
              7.13. The applicant must serve the following on each respondent to the application:
              (a) the application notice;
              (b) the witness statement evidence in support;
              (c) notice of any written material previously served on that respondent and on which the applicant may seek to rely at the hearing of the application; and
              (d) any other written material on which the applicant may seek to rely at the hearing of the application.
              Applications made without notice (r.64 and 65)
              7.14. Applications made without notice are to be submitted to the Court by email to registry@adgmcourts.com.
              7.15. An application may be made without notice if this is permitted by a rule, a practice direction or otherwise is with the Court’s permission. The Court’s permission will be granted only where:
              (a) there is exceptional urgency;
              (b) it is otherwise desirable to do so in the interests of justice; or
              (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application.
              7.16. Where the Court is asked to make an order on an application without notice, the applicant must bring to the Court’s attention any matter which, if the respondent was represented, the respondent would wish the Court to be aware of. This includes any matters which might tend to undermine the application.
              7.17. Where the Court makes an order on an application without notice, whether granting or dismissing an application, the Court may make orders that the applicant serve on every person against whom an order was sought or made:
              (a) the application notice;
              (b) all written material on which the applicant sought to rely in support of his application;
              (c) a transcript of the hearing of the application;
              (d) a copy of the order; and
              (e) written notice that any person against whom an order was sought or made may apply to have the order set aside or varied.
              Proceeding in the absence of a party
              7.18. If an applicant or respondent to an application does not attend the hearing of the application, the Court may proceed in his absence.
              Proceeding without a hearing
              7.19. The Court may deal with any application without a hearing:
              (a) if the parties agree as to the terms of the order;
              (b) if the parties agree that the Court should dispose of the application without a hearing; or
              (c) if the Court does not consider that a hearing would be appropriate.
              C. PARTICULAR APPLICATIONS
              General
              7.20. The following directions (relating to some particular applications that may be made before trial) are to be read as supplementing and varying the general directions about applications before trial.
              Application for default judgments [r.39]
              7.21. An application for default judgment must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence addressing the following:
              (a) the occurrence of the default relied on; and
              (b) that the default has not been remedied.
              All witness statements must be in accordance with Form CFI 15.
              7.22. A default judgment on a money claim may include interest at the rate agreed between the parties or, if there is no agreed rate, at the rate of 9 per cent from the date the money was due.
              Application for further information [r.54]
              7.23. The Court may exercise its powers to order a party to clarify any matter which is in dispute in a proceeding and to give additional information in relation to any such matter having regard to the overriding objective of the Rules: to secure that the ADGM Courts are accessible, fair and efficient.
              7.24. An application for further information must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              7.25. A party seeking an order that another party clarify any matter in dispute or give additional information in relation to any such matter should state in the witness statement how and why the provision of the further information sought is necessary to dispose fairly of the claim.
              Applications for security for costs [r.75 and r.76]
              7.26. An application for security for costs must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              7.27. The Court may order that security for costs be provided where an ADGM enactment permits the Court to require security for costs or if the Court is satisfied that having regard to all the circumstances of the case, it is just to do so.
              7.28. Without limiting paragraph 7.27, the Court may (but is not obliged to) conclude that it would be just to order security for costs if it is satisfied that:
              (a) the claimant is resident out of the UAE;
              (b) the claimant is a company or other body (whether incorporated inside or outside ADGM) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so;
              (c) the claimant has changed his address since the claim was commenced with a view to evading the consequences of the litigation;
              (d) the claimant gave an incorrect address in the claim form;
              (e) the claimant is acting as a nominal claimant, other than as a representative claimant under Rule 57, and there is reason to believe that he will be unable to pay the defendant’s costs if ordered to do so; or
              (f) the claimant has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him.
              7.29. Where an order for security for costs is made, security shall be given in such manner and at the time the Court directs.
              7.30. The Court may also order security for costs of an appeal as it may order security for costs in the circumstances set out in paragraphs 7.27 and 7.28.
              Applications to set aside notice of discontinuance [r.171]
              7.31. An application to set aside a notice of discontinuance must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              7.32. The defendant may not make an application under Rule 171 to set aside a notice of discontinuance more than 28 days after the date when the notice of discontinuance was served on him.
              Amended 9 July 2020

            • PRACTICE DIRECTION 8 EVIDENCE

              Click herehere to view a PDF version of Practice Direction 8

              Date re-issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

              Unless the Court orders otherwise, the following provisions shall apply.

              A. WITNESS STATEMENTS [r.97]
              8.1. A witness statement must be in accordance with Form CFI 15.
              8.2. A witness statement stands as the evidence in chief of a witness.
              8.3. The evidence in a witness statement must comply with the following requirements:
              (a) it must be in the witness’s own words;
              (b) it must be concise and include all relevant details;
              (c) it must contain only evidence that the witness would be allowed to give orally;
              (d) it must not include lengthy quotations from documents;
              (e) it must not contain argument;
              (f) it must indicate which of the statements are made from the witness’s own knowledge and which are made on information or belief, giving the source for any statement made on information or belief; and
              (g) it must contain a statement by the witness that he believes the information contained in it is true.
              8.4. The making of or causing to be made a false statement in a witness statement without an honest belief in its truth may result in proceedings being brought against the person for a contempt of court.
              B. AFFIDAVITS [r.104]
              An affidavit must be in accordance with Form CFI 14.
              8.6. The provisions in paragraphs 8.3 (a) – (f) and 8.4 also apply to affidavits.
              C. EVIDENCE AT TRIAL AND OTHER HEARINGS

              Witness summons and examination orders [r.120, 123, 124 and 125]
              8.7. An application for a witness summons must be in accordance with Form CFI 16 and may be made without notice.
              8.8. Rule 123 provides that a witness summons must be served personally.
              8.9. Rules 124 and 125 provide that at the time of service of a witness summons or examination order, a witness or deponent must be offered or paid a sum:
              (a) reasonably sufficient to cover his travelling expenses;
              (b) by way of compensation for loss of time and,
              (c) in the case of a witness summons under Rule 124, for costs otherwise incurred in compliance with it.
              8.10. With regards to the sum to be offered or paid to a witness or deponent for the purpose of Rules 124 and 125, the applicant for the witness summons or examination order shall:
              (a) offer or pay to the witness the sum of USD100 at the time the witness is served with the witness summons;
              (b) offer or pay to the deponent the sum of USD100 at the time the deponent is served with the examination order; and
              (c) in all cases, provide an undertaking in the application notice to pay such further sum as may be ordered by the Court.
              Hearsay, credibility, use of plans, photographs, models and other documentary evidence and questions of foreign law [r.112, 114, 115, 116 and 117]
              8.11. Rule 112(3) provides for giving notice of intention to rely on hearsay evidence at trial in relation to all other cases not dealt with by Rules 112(1) or 112(2). For the purpose of Rule 112(3), the party proposing to rely on the hearsay evidence must:
              (a) file and serve the notice in accordance with Form CFI 17 no later than the latest date for serving witness statements; and
              (b) if the hearsay evidence is to be in a document, supply a copy to any party who requests him to do so.
              8.12. Rule 114 provides for a party to apply to the Court for permission to call the maker of a statement that contains hearsay evidence to be cross-examined on the contents of the statement. An application under Rule 114 for permission to call the maker of a statement to be cross-examined must be made not more than 14 days after the day on which a notice of intention to rely on the hearsay evidence was served on the applicant. The application must be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              8.13. Rule 115 provides for giving notice of intention to call evidence to attack the credibility of a person who made a statement of which hearsay evidence is to be given. A notice required by that rule must be filed and served in accordance with Form CFI 17 not more than 14 days after the day on which a hearsay notice relating to the hearsay evidence was served on him.
              8.14. Rule 116(3) provides for notice to be given by a party intending to rely upon evidence which is not contained in a witness statement, affidavit or expert’s report or is a document which may be received in evidence without further proof under section 65 of the Regulations. If the party is to serve witness statements in respect of the hearing at which he intends to rely on such evidence, the notice is to be filed and served in accordance with Form CFI 17 no later than the latest date for serving witness statements. Otherwise, it is to be filed and served at least 21 days before the hearing at which he intends to rely on the evidence.
              8.15. Rule 117(3) provides for giving notice of intention to put in evidence a finding on a question of foreign law. A notice required by that rule must be filed and served in accordance with Form CFI 17 no later than 10 days before the day fixed for the commencement of the hearing or the trial.
              D. LETTERS OF REQUEST TO JUDICIAL AUTHORITIES
              Obtaining evidence from courts outside the jurisdiction [r.130, 137]
              8.16. An application for an order for the issue of a letter of request to take a deposition from a person who is outside the jurisdiction shall be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15. Such witness statement evidence must include or exhibit:
              (a) a statement of the issues relevant to the proceedings;
              (b) a list of the questions or the subject matter of the questions to be put to the proposed deponent; and
              (c) a draft letter of request.
              E. LETTERS OF REQUEST FROM JUDICIAL AUTHORITIES
              Obtaining evidence for courts outside the jurisdiction [r.132, 138]
              8.17. An application for an order for evidence to be taken for a court outside the jurisdiction shall be made by application notice in accordance with Form CFI 26 and must include or exhibit
              (a) the order sought from the Court;
              (b) a statement of the issues relevant to the proceedings;
              (c) a list of the questions or the subject matter of the questions to be put to the proposed deponent; and
              (d) a certified copy of the letter of request from the foreign court and, if applicable, a certified English translation of the request.
              F. EXPERT EVIDENCE [r.140, 141, 142]
              8.18. Part 17 of the Rules makes provisions about expert evidence. The provisions of this Practice Direction amplify and supplement those requirements.
              8.19. Rule 140 provides that it is the duty of experts to help the Court on matters within their expertise and that this duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid. Hence, an expert must provide an opinion that is independent of the party retaining the expert and must not take on the role of advocate for a party.
              8.20. An expert’s report must comply with the requirements of the Rules, including, in particular, the requirements of Rule 141(2).
              8.21. The expert report must be verified by a statement of truth in the following form: “I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer”.
              8.22. The expert report must be signed personally by the expert and filed with the Court using Form CFI 36.
              8.23. The Court decides what expert evidence may be called. Rule 142 provides that expert evidence shall be restricted to that which is reasonably required to resolve the proceedings and further provides that no party may call an expert or put in evidence an expert’s report without the Court’s permission.

            • PRACTICE DIRECTION 9 COSTS

              Click herehere to view a PDF version of Practice Direction 9

              Date issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 ("CPR"). Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules and a reference to a Rule is a reference to the CPR.

              Unless the Court orders otherwise, the following provisions shall apply.

              A. INTRODUCTION
              9.1. Part 24 of the Rules provides for Fees and Costs.
              9.2. Rule 195(3) provides that Part 24 of the Rules is subject to any rule or practice direction which sets out special provisions with regard to any particular category of proceeding before the Court.
              9.3. In this Practice Direction:
              (a) Part B applies only to Small Claims;
              (b) Part C applies to all proceedings in the Court of First Instance except for:
              (i) small claims
              (ii) employment claims
              (iii) proceedings using the Rule 30 procedure;
              (iv) a claim for judicial review; and
              (v) an arbitration claim.
              (c) Parts D to G apply to all proceedings in the Court of First Instance other than small claims where the costs in those proceedings are fixed in accordance with Part B.
              9.4. The Court will not order a party to a small claim, an employment claim, or any appeal from those claims, to pay a sum to another party in respect of that other party’s costs, fees and expenses, where the value of the claim does not exceed US$10,000, except:
              (a) such part of any court fees paid by that other party as the Court may consider appropriate; and
              (b) such further costs as the Court may assess by the summary procedure and ordered to be paid by a party who has behaved unreasonably.
              B. SMALL CLAIMS
              Fixed costs for legal representatives
              9.5. The following amounts will be fixed for legal representatives’ costs in proceedings in the Small Claims Division.
              Event Amount USD
              Commencement Costs – where claim form is served on the defendant or defendants 1% of claim amount: minimum of USD300 maximum of USD1,000
              Where service by an alternative method is permitted by an order under Rule 19 USD200
              Where judgment in default of an acknowledgment of service is entered under Rule 36 USD300
              Where judgment in default of a defence is entered under Rule 44 USD300
              Where judgment is entered under Rule 42 either on admission of whole or part of the claim and the claimant accepts the defendant’s proposal as to the manner of payment USD250
              Where judgment is entered under Rule 42 either on admission of whole or part of the claim and the Court decides the date or time of payment USD250
              Where summary judgment is given under Rule 68 1% of judgment amount: minimum of USD300 maximum of USD1000
              Judgment entered for the claimant after trial 5% of judgment amount: minimum of USD1,500 maximum of USD5,000
              Judgment entered for the defendant after trial 5% of claim amount: minimum of USD1,500 maximum of USD5,000
              9.6. Where the only claim is for a specified sum of money and the defendant pays the sum claimed within 14 days after service of the claim on him, together with the commencement costs specified in this table, the defendant is not liable for any further costs.
              9.7. Where a defendant has filed a counterclaim, costs will be allowed to the parties for bringing or defending that counterclaim (in addition to the costs referable to the bringing or defending of the claim) as if the parties to that counterclaim had been claimant and defendant in separate proceedings.
              Fixed costs for litigants in person
              9.8. Litigants in person will be allowed 50% of the amounts allowed for legal representatives set out in the table under paragraph 9.5 in addition to any recoverable disbursements.
              C. COSTS MANAGEMENT ORDERS
              Provision of costs budgets
              9.9. All parties must indicate whether they seek the exchange of costs budgets and must do so not later than 4 days before the initial case management conference.
              9.10. A costs budget must be in accordance with Form COSTS 7 (“the Costs Management Form”). The Costs Management Form must be dated and verified by the legal representative having responsibility for the proceedings on behalf of the party, or by the party if not legally represented.
              9.11. In substantial cases, the Court may direct that costs budgets be limited initially to part only of the proceedings and subsequently extended to cover the whole proceedings.
              Making of Costs Management Order
              9.12. Where costs budgets are filed, the Court will generally make a Costs Management Order.
              9.13. If the Court makes a Costs Management Order, paragraphs 9.12 to 9.19 of this Practice Direction shall apply, whether before or after the making of the Costs Management Order.
              9.14. Save in exceptional circumstances –
              (a) the recoverable costs of initially completing the Costs Management Form shall not exceed the higher of $US2,000 or 1% of the approved or agreed budget; and
              (b) all other recoverable costs of the budgeting and costs management process shall not exceed 2% of the approved or agreed budget.
              9.15. The Court will review any costs budgets filed and, after making any appropriate revisions, record its approval of those budgets in a Costs Management Order. When reviewing budgets, the Court will not undertake a detailed assessment in advance, but rather will consider whether the budgeted costs fall within the range of reasonable costs.
              9.16. As part of the costs management process, the Court may approve costs incurred before the date of any budget. However, such approval of those costs will not affect the Court’s discretion in relation to making orders in connection with such costs at any subsequent stage of the proceedings.
              Review of costs budgets
              9.17. The Court may set a timetable or give other directions for future reviews of budgets.
              9.18. Each party may revise its budget in respect of future costs, if significant developments in the proceedings warrant such revisions. The Court may approve, vary or disapprove the revisions, having regard to such developments which will be recorded in a further Costs Management Order.
              9.19. If interim applications are made which, reasonably, were not included in a budget, then the costs of such interim applications shall be treated as additional to the approved budget.
              D. SUMMARY ASSESSMENT OF COSTS
              9.20. In relation to the standard basis, costs incurred are proportionate if they bear a reasonable relationship to:
              (a) the sums in issue in the proceedings;
              (b) the value of any non-monetary relief in issue in the proceedings;
              (c) the complexity of the litigation;
              (d) the additional work generated by the conduct of the paying party;
              (e) any wider factors involved in the proceedings, such as reputation or public importance; and
              (f) the indicative hourly rates set out in Annexure 1 to this Practice Direction which are designed to provide guidance to parties on charge out rates that are likely to be acceptable to the Court.
              9.21. In relation to any assessment of costs the Court will have regard to:
              (a) whether the costs were reasonably incurred and are reasonable in amount;
              (b) the conduct of all the parties;
              (c) the amount or value of any money or property involved;
              (d) the importance of the matter to all of the parties;
              (e) the particular complexity of the matter or the difficulty or novelty of the questions raised;
              (f) the skill, effort, specialised knowledge and responsibility involved;
              (g) the time spent on the case;
              (h) the place where, and the circumstances in which, work or any part of it was done; and
              (i) the receiving party’s last approved budget.
              9.22. A litigant in person is entitled to costs for the same categories of –
              (a) work; and
              (b) disbursements
              which would have been allowed if the work had been done or the disbursements had been incurred by a legal representative on the litigant in person’s behalf.
              9.23. The amount which may be allowed to a litigant in person under paragraph 9.22(a) is set out in Annexure 1.
              E. DETAILED ASSESSMENT OF COSTS
              9.24. Where a party has been ordered to pay costs and the amount of the costs has not been agreed or the subject of a Costs Management Order, the party to whom the costs are to be paid (the "receiving party") may claim a detailed assessment of the costs.
              Bill of costs
              9.25. The receiving party claims a detailed assessment of the costs by filing and serving on the party ordered to pay the costs (the "paying party") a bill of costs in accordance with Form COSTS 1.
              9.26. The receiving party must, at the same time as service upon the paying party, also serve a copy of the bill of costs on any other relevant person including:
              (a) any person who has taken part in the proceedings which gave rise to the assessment and who is directly liable under an order for costs made against him;
              (b) any person who has given notice in writing to the receiving party that he has a financial interest in the outcome of the assessment and wishes to be a party accordingly; and/ or
              (c) any other person whom the Court orders to be treated as such either on its own motion or on application of either party to the proceedings.
              9.27. A claim for a detailed assessment of costs must be made no later than 3 months after:
              (a) the date of final judgment in the proceedings in which the order was made;
              (b) where a claim for detailed assessment has been stayed pending an appeal, the date of the order lifting the stay;
              (c) the date of service of a notice of discontinuance under Rule 170;
              (d) the date of the dismissal of an application to set aside a notice of discontinuance under Rule 171; or
              (e) within such further time as the Court or a costs officer allows.
              9.28. Where the receiving party fails to commence a claim for detailed assessment within the period required, the paying party may apply for an order requiring the receiving party to commence the claim within such time as the Court may direct. The Court may make directions upon such application that all or part of the costs and any interest to which the receiving party would otherwise be entitled be disallowed if the receiving party fails to commence a claim or detailed assessment within such time as the Court has directed.
              Notice of Dispute
              9.29. A paying party and any other paying party to the claim for detailed assessment who disputes the claim made by the receiving party must file and serve on the receiving party a notice of dispute no later than 28 days after the date of service of the claim for a detailed assessment or such further time as the Court or a costs officer allows.
              9.30. A notice of dispute shall be in accordance with Form COSTS 2 and must state by reference to each item in the bill of costs the amount which the paying party says should be allowed as costs for the item.
              9.31. An extension of the time for making a claim for a detailed assessment of costs or for filing and serving a notice of dispute will be allowed only if it is shown to be in the interests of justice to do so.
              Default Costs Certificates
              9.32. The receiving party may file an application for a default costs certificate if the period for filing a notice of dispute has expired and a notice of dispute has not been filed. An application for a default costs certificate should be in accordance with Form COSTS 6. Where a receiving party obtains a default costs certificate, the costs payable to him for making the application shall be US$160.
              9.33. Upon application by the paying party, the Court must set aside or vary a default costs certificate if the receiving party was not entitled to all or any amount of the costs certified or if it appears to the Court that there is a good reason why the claim for detailed assessment should continue. The application is to be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              Provisional assessment
              9.34. In every case where a claim is made for a detailed assessment of costs, a costs officer will first make a provisional assessment of the amount that should be allowed.
              9.35. A provisional assessment is to be carried out without hearing on the papers provided by the parties.
              9.36. The costs officer who makes a provisional assessment of the amount to be allowed will inform the parties in writing of the outcome of that assessment and the basis or bases on which it was made.
              9.37. A party dissatisfied with a provisional assessment may file and serve on the opposite party, no later than 28 days after the costs officer issued the provisional assessment, a notice of dissatisfaction with the assessment stating, in summary form, the cause or causes of that dissatisfaction. A notice of dissatisfaction shall be in accordance with Form COSTS 3.
              9.38. On the filing of a notice of dissatisfaction, a costs officer will appoint a time for the conduct of a detailed assessment of the costs.
              Guidelines for detailed assessment
              9.39. The detailed assessment of costs is to be conducted by reference to:
              (a) in relation to an assessment on the standard basis, the matters set out in paragraph 9.20;
              (b) in all cases, the matter set out in paragraph 9.21;
              (c) the notice of dispute;
              (d) the provisional assessment; and
              (e) any other matter that the costs officer gives permission to a party to raise.
              Costs of detailed assessment
              9.40. If the amount allowed by the costs officer, after detailed assessment, differs from the provisional assessment by an amount in favour of the party requesting a detailed assessment which is less than one sixth of the provisional assessment, the party seeking the detailed assessment must pay the costs of the detailed assessment.
              9.41. In any other case, the costs of the detailed assessment are to be in the discretion of the costs officer.
              9.42. In exercising that discretion, the costs officer may have regard to the amounts originally claimed by the receiving party and estimated by the paying party to be due.
              F. REVIEW OF COSTS OFFICER'S DECISION
              9.43. Any party to a detailed assessment of costs who is dissatisfied with some or all of the final decision of the costs officer may apply to a Judge for review of the decision. An application for review of the final decision of the costs officer must be made no later than 28 days after the date of such final decision.
              9.44. An application for review is to be made by filing and serving an application notice in accordance with Form COSTS 4, accompanied by such written submissions as the applicant seeks to rely on in support of the application.
              9.45. The applicant’s written submissions must state what part or parts of the costs officer's decision is or are challenged and the basis or bases for that challenge.
              Notice of objection
              9.46. A party who objects to the application for review may do so by filing and serving within 14 days of the service of the application for review, a notice of objection in accordance with Form COSTS 5, accompanied by such written submissions as the objecting party seeks to rely on in opposition to the application.
              9.47. The objecting party’s written submissions must identify which of the bases for challenge are disputed and on what basis or bases.
              9.48. A judge may decide an application for review of the decision of a costs officer without any further submission or hearing.
              G. CERTIFICATE OF COSTS OFFICER
              9.49. A costs officer must certify the amount of costs agreed between parties or allowed following a detailed assessment of costs.
              9.50. If, following a review of the costs officer's decision, the amount allowed is varied, the costs officer must certify the amount as so varied.
               

              ANNEXURE 1
              INDICATIVE HOURLY LEGAL CHARGES

              The rates set out in the following table should be considered a guideline as to rates likely to be acceptable to the Courts when assessing legal representative costs.

              Level of Legal Experience Average Hourly Rate (AED) Average Hourly Rate (AED)
              Trainees up to 5 years 1,750
              Lawyers 6-10 years 2,200
              10 + years 2,450
              Partners 2,800

              The hourly rate likely to be acceptable to the Court when assessing the costs of a litigant in person is AED 150.

            • PRACTICE DIRECTION 10 ENFORCEMENT

              Click here to view a PDF version of Practice Direction 10

              Date issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

              This Practice Direction must be read in conjunction with all other Practice Directions.

              Unless the Court orders otherwise, the following provisions shall apply.

              A. ARBITRATION
              Recognition and enforcement of an award [r.232 and r.233]
              10.1. An application for recognition or enforcement of an award must be supported by written evidence exhibiting at least the following documents:
              (a) a copy of the executed arbitration agreement; and
              (b) a copy of the award which it is sought to have enforced.
              10.2. An application for recognition or enforcement of an award is to be made in accordance with Form CFI 5. Evidence in support of the application is to be in accordance with Form CFI 15.
              10.3. The Court may give written directions about the further conduct of the application.
              10.4. If an order giving permission to recognise or enforce an award is made by the Court, it must be served in the same way a claim form may be served under Part 4 of the CPR.
              Interest on awards [r.235]
              10.5. An applicant seeking an order for the recognition or enforcement of an award of interest on the whole or part of the award which relates to a period after the date of the award must provide the following particulars in their claim:
              (a) whether simple or compound interest was awarded;
              (b) where rests were provided for, specify them;
              (c) the rate or rates of interest claimed; and
              (d) the period or periods for which each rate of interest is claimed.
              B. RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS OF RECOGNISED COURTS
              10.6. The following directions apply unless otherwise provided for in an applicable treaty, agreement, memorandum of understanding or memorandum of guidance (whether or not any such memorandum be of binding effect) with the relevant jurisdiction.
              10.7. In this section “judgment” includes decisions, orders or arbitral awards that have been recognised or ratified by a recognised court.
              Applications for registration [r.298]
              10.8. An application for registration and enforcement of a judgment of the judicial authorities of the Emirate and the Emirate Members of the United Arab Emirates is made by filing a claim form in accordance with Form CFI 29.
              10.9. An application for registration of a recognised court’s judgment (other than a judgment of the judicial authorities of the Emirate and the Emirate Members of the United Arab Emirates) is made by filing a claim form in accordance with Form CFI 27, supported by witness statement evidence in accordance with Form CFI 15, setting out the following information:
              (a) the name of the judgment creditor and his address for service within ADGM;
              (b) the name of the judgment debtor and his address or place of business, if known;
              (c) confirmation that the judgment is a money judgment;
              (d) the amount in respect of which the judgment remains unsatisfied;
              (e) the grounds on which the judgment creditor is entitled to enforce the judgment;
              (f) whether the judgment can be enforced by execution in the country where it was given;
              (g) where the judgment contains different provisions, some but not all of which can be registered for enforcement, details of those provisions in respect of which it is sought to register the judgment;
              (h) where interest is recoverable under the State in which the judgment was given:
              (i) the law of that State under which interest has become due under the judgment;
              (ii) the amount of interest which has accrued up to the date of the application; and
              (iii) the rate of interest, the date from which it is recoverable and the date on which it ceases to accrue; and
              (i) any matter which, if the judgment debtor was represented, the judgment debtor would wish the Court to be aware of. This includes any matters which might tend to undermine the judgment creditor’s application.
              Security for costs [r.299]
              10.10. Rule 299 provides that a judgment creditor may apply for security for costs as if the judgment creditor was a claimant. Practice Direction 7 sets out certain circumstances in which the Court may conclude that it would be just to order security for costs to an applicant.
              C. ENFORCEMENT OF THE COURT’S ORDERS AND JUDGMENTS
              10.11. An application by a judgment creditor seeking to enforce an order or judgment of the Court by the Court’s deputisation to the judicial authorities of the Emirate must be made in accordance with Form CFI 30.
              Applications for certified copies of judgments [r.302]
              10.12. An application for a certified copy of an order or judgment of the Court must be made in accordance with Form CFI 24 supported by the following:
              (a) a copy of the order or judgment which the applicant seeks to enforce;
              (b) where the applicant seeks to enforce an arbitral award, a copy of any order of the Court recognising the award; and
              (c) a draft of any execution letter which is sought.
              D. EXECUTORY FORMULA
              10.13. The Registry shall not affix an executory formula, for the purpose of recognition or enforcement in any other jurisdiction, to an order or judgment rendered by the Court in respect of the recognition or enforcement of:
              (a) an order or judgment issued by a court outside the Emirate; or
              (b) any arbitral award rendered by a tribunal where the seat is outside the jurisdiction.
              E. COURT-APPOINTED RECEIVERS
              10.14. This Section deals with Court-appointed receivers under Part 28 of the Rules. For provisions dealing with the appointment of a receiver other than by an order of the Court, see Practice Direction 14.
              Application for appointment of receiver [r.238]
              10.15. An application for the appointment of a receiver may be made without notice.
              10.16. An application for the appointment of a receiver is to be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              10.17. The witness statement evidence must:
              (a) explain the reasons why the appointment is required;
              (b) give details of the property which it is proposed that the receiver should get in or manage, including estimates of:
              (i) the value of the property; and
              (ii) the amount of income it is likely to produce;
              (c) if the application is to appoint a receiver by way of equitable execution, give details of:
              (i) the judgment which the applicant is seeking to enforce;
              (ii) the extent to which the debtor has failed to comply with the judgment;
              (iii) the result of any steps already taken to enforce the judgment; and
              (iv) why the judgment cannot be enforced by any other method; and
              (d) if the applicant is asking the Court to allow the receiver to act:
              (i) without giving security; or
              (ii) before he has given security or satisfied the Court that he has security in place;
              explain the reasons why that is necessary.
              10.18. The witness statement evidence should normally identify an individual whom the Court is to be asked to appoint as receiver and should:
              (a) state the name, address and position of the individual;
              (b) include written evidence by a person who knows the individual, stating that he believes the individual is a suitable person to be appointed as receiver, and the basis of that belief; and
              (c) be accompanied by written consent, signed by the individual, to act as receiver if appointed.
              10.19. If the applicant does not nominate a person to be appointed as receiver, or if the Court decides not to appoint the individual nominated, the Court may:
              (a) order that a suitable person be appointed as receiver; and
              (b) direct any party to nominate a suitable individual to be appointed.
              10.20. A party directed to nominate a person to be appointed as receiver must file witness statement evidence in accordance with Form CFI 15 setting out the information required by paragraph 10.18 and attaching the written consent of the individual nominated.
              Discharge of receiver [r.241]
              10.21. An application by a receiver or any party for the receiver to be discharged on completion of his duties shall be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15
              Removal of receiver
              10.22. An application by a receiver or any party for the receiver to be removed or for his appointment to come to an end for any reason other than by way of discharge under Rule 241 shall be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              Receiver’s application for directions [r.242]
              10.23. An application for directions to the Court shall be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              Remuneration of receiver [r.243(4)]
              10.24. The remuneration of a receiver shall be fixed at such sum as is reasonable and proportionate in all the circumstances taking into account the nature, extent and complexity of the receiver’s duties.
              No default judgment [r.40(1)(e)]
              10.25. An applicant for appointment of a receiver may not obtain a default judgment under Rule 39.
              F. METHODS OF ENFORCEMENT
              Enforcing a judgment or order for payment of money [r.246]
              10.26. A judgment or order for the payment of money (including a judgment or order for the payment of costs) may be enforced by any one or more of the following methods:
              (a) taking control of goods;
              (b) attachment of earnings;
              (c) obtaining a third-party debt order;
              (d) charging orders;
              (e) orders for:
              (i) possession of land;
              (ii) sale of land or other property over which the judgment creditor has the benefit of a charge;
              (iii) requiring judgment debtors to provide information about their means or any other matter about which information is needed for enforcement;
              (iv) appointing receivers (as to which see Section E above);
              (f) orders relating to insolvency procedures (as to which see Practice Direction 14).
              Enforcement of decisions of bodies other than the Court [r.250 and r.251]
              10.27. For the purpose of Rules 250(1) and 250(2), a party seeking to enforce a decision of a tribunal, panel, body or person other than the Court must commence that action by filing an enforcement application in accordance with Form CFI 25.
              10.28. Rule 251(3) provides that where an ADGM enactment provides that a decision of a tribunal, panel, body or person other than the Court may be enforced in the same manner as an order of the Court of First Instance if it is registered. An application for registration must be made in accordance with Form CFI 25.
              10.29. Paragraphs 10.27 and 10.28 applymutatis mutandis to the enforcement of a compromise.
              Application to obtain information from judgment debtor [r.253(3) and r.256]
              10.30. An application to obtain information from a judgment debtor must be made by application notice filed in the proceeding in which the relevant judgment or order was obtained. Such an application notice is to be in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, and must state:
              (a) the judgment or order to which the application relates;
              (b) the amount of the judgment debt (including any interest which has accrued) which the judgment creditor alleges to be outstanding; and
              (c) the information which the judgment creditor seeks from the judgment debtor.
              10.31. A party who obtains an order that a person attend Court, must serve the order on that person by personal service in accordance with Part 4 of the CPR.
              10.32. With regards to the sum to be offered or paid to a person for the purpose of Rule 257, the applicant shall:
              (a) offer or pay to the person the sum of USD 50.00 at the time the person is served with the order; and
              (b) in all cases, provide an undertaking in the application notice to pay such further sum as may be ordered by the Court.
              Judgment creditor’s affidavit [r.258(1)]
              10.33. The affidavit or affidavits required to be filed under Rule 258(1) must:
              (a) provide details of how and when the order was served;
              (b) state either that the person ordered to attend the Court has not requested payment of his travelling expenses or the judgment creditor has paid a sum in accordance with such a request; and
              (c) stating how much of the judgment debt remains unpaid.
              Application for third party debt order [r.261]
              10.34. An application for a third party debt order must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, and must state:
              (a) the name and address of the judgment debtor;
              (b) the judgment or order to which the application relates;
              (c) the amount of the judgment debt (including any interest which has accrued) which the judgment creditor alleges to be outstanding;
              (d) if the judgment debt is payable by instalments, the amount of any instalments which have fallen due and remain unpaid;
              (e) the name and address of the third party, and if the third party is a bank, the branch and account number, if known;
              (f) the nature and extent of the debt which the judgment creditor alleges that the third party owes to the judgment debtor; and
              (g) the judgment creditor’s estimate of his costs of the application for a third party debt order.
              Interim third party debt order [r.262]
              10.35. The amount of money specified in an interim third party debt order as the amount which the third party must retain is to be calculated as the sum of:
              (a) the amount of the judgment debt outstanding at the date of the order (including interest accrued to that date);
              (b) an amount equal to a further 7 days’ interest on the judgment debt; and
              (c) the estimate made by the Judge or Court officer making the interim third party debt order of the amount of the judgment creditor’s costs of the application.
              Service of interim third party debt order and associated documents [r.263]
              10.36. Within 3 days of the making of an interim third party debt order the judgment creditor must serve on the third party and the judgment debtor a copy of the interim third party order together with a copy of the application notice and any documents filed in support of the application.
              Obligations of third party served with interim order [r.264]
              10.37. Within 7 days of being served with an interim third party debt order, the third party must file and serve on the judgment creditor a witness statement in accordance with Form CFI 15 disclosing:
              (a) every account which the judgment debtor holds with the third party, stating the balance of each account;
              (b) whether the third party claims not to owe any money to the judgment debtor;
              (c) whether the third party claims to owe less than the amount specified in the interim order; and
              (d) whether the third party claims to be unable to comply with the order and, if so, for what reason.
              Service of evidence on objection to making final order [r.266(3)]
              10.38. Written evidence to be relied on under Rule 266(1) by a judgment debtor or by a third party is to be in accordance with Form CFI 15 and must be filed and served on the judgment creditor and on the judgment debtor or third party (as the case requires) within 14 days of the service of the interim third party debt order.
              10.39. Written evidence to be relied on under Rule 266(2) by a judgment creditor is to be in accordance with Form CFI 15 and must be filed and served on the judgment debtor and on the third party within 7 days of the judgment debtor or the third party filing their written evidence in accordance with Rule 266(1).
              Application for money in court [r.268(1)]
              10.40. If money is standing to the credit of a judgment debtor in Court, a judgment creditor may apply, by application notice filed in the proceeding in which the creditor obtained the judgment or order on which he relies, and served on the judgment debtor, for an order that the money in Court, or so much of it as is sufficient to satisfy the judgment or order and the costs of the application, be paid to him. Any application is to be made using Form CFI 36.
              G. CHARGING ORDERS, STOP ORDERS AND STOP NOTICES
              Application for charging order [r.270]
              10.41. An application for a charging order must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
              10.42. An application for a charging order must state:
              (a) the name and address of the judgment debtor;
              (b) the judgment or order of the Court which the applicant seeks to enforce by charging order;
              (c) the amount of money due or to become due under that judgment or order payment of which the applicant seeks to secure by charging order;
              (d) if the judgment debt is payable by instalments, the amount of any instalments which have fallen due and remain unpaid;
              (e) whether the judgment creditor knows of the existence of any other creditors of the judgment debtor, and their names (if known);
              (f) precisely what asset or assets it is sought to charge; and
              (g) the nature of the judgment debtor’s interest in the asset (or in each asset) which the applicant alleges to be sufficient to enable a charging order to be made in respect of that asset.
              Service of interim charging order and associated documents [r.272]
              10.43. Within 3 days of the making of an interim charging order the judgment creditor must serve on the judgment debtor a copy of the order together with a copy of the application notice and all documents filed in support of the application.
              Amount of liability for breach of interim order [r.273(3)]
              10.44. A person served with an interim charging order relating to securities who, without the permission of the Court, permits any transfer of any of the securities will be liable to pay to the judgment creditor such amount as is just and equitable having regard, inter alia, to the fair market value of those securities.
              10.45. A person served with an interim charging order relating to securities who, without the permission of the Court, pays any dividend, interest or redemption payment relating to them will be liable to pay to the judgment creditor an amount equal to the amount of that dividend, interest or redemption payment.
              Application to object to making final charging order [r.275(1)]
              10.46. Unless the Court orders otherwise, any person who objects to the Court making a final charging order may apply to the Court within 14 days of being served with the interim charging order by filing an application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, stating the ground or grounds of objection.
              10.47. An application notice filed in accordance with paragraph 10.46 of this Practice Direction must be served, together with the material on which the objector relies in support of his objection, on the judgment creditor, the judgment debtor and each person served with the interim charging order within 7 days of filing the application notice and material in support.
              Procedure for enforcement of charging order by sale [r.276(2)]
              10.48. A judgment creditor seeking an order for the sale of property to enforce a charging order must use the Rule 30 procedure and file and serve a claim form in accordance with Form CFI 6.
              10.49. The judgment creditor must comply with Rule 32 regarding the filing and service of written evidence required under the Rule 30 procedure.
              10.50. The written evidence filed in support of the claim is to be in accordance with Form CFI 15 and must:
              (a) identify the charging order and the property to be sold;
              (b) state the amount in respect of which the charge was imposed and the amount due at the date of the issue of the claim;
              (c) verify, so far as known, the debtor’s title to the property charged;
              (d) state, so far as the claimant is able to identify:
              (i) the names and addresses of any other creditors who have a prior charge or other security over the property; and
              (ii) the amount owed to each creditor;
              (e) give an estimate of the price which would be obtained on sale of the property; and
              (f) if the claim relates to land, give details of every person who to the best of the claimant’s knowledge is in possession of the property.
              Charging order against the property of a partnership
              10.51. For the purpose of paragraph 10.43 of this Practice Direction (service of interim charging order) the specified documents must in the case of a judgment debtor that is a partnership be served on:
              (a) a member of the partnership; or
              (b) another officer of the partnership.
              10.52. Where an order requires a partnership to appear before the Court, it will be sufficient for a partner to appear before the Court.
              Application for a stop order [r.278]
              10.53. An application for a stop order must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, and must:
              (a) identify the funds in court or the securities in respect of which a stop order is sought;
              (b) state whether the applicant claims as a person having a mortgage or charge on the interest of any person in the funds or as a person to whom that interest has been assigned or as a person who is a judgment creditor of the person entitled to that interest; and
              (c) in the case of securities, whether the applicant claims to be a person beneficially entitled to the securities.
              Content of a stop order relating to securities [r.280]
              10.54. A stop order relating to securities may prohibit all or any of the following steps:
              (a) the registration of any transfer of the securities; and
              (b) the making of any payment by way of dividend, interest or otherwise in respect of the securities.
              Application for stop notice [r.282(2)]
              10.55. An application for a stop notice must be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, setting out the following matters:
              (a) the securities in respect of which the stop notice is sought;
              (b) the person or persons upon whom it is proposed to serve the stop notice;and
              (c) a draft stop notice for the purpose of Rule 282(2).
              Withdrawal or discharge of stop notice [r.283(1)]
              10.56. A request for the withdrawal or discharge of a stop notice must be made in accordance with Form CFI 36 setting out the reasons for the request.
              Amended 9 July 2020

            • PRACTICE DIRECTION 11 APPEALS

              Click here to view a PDF version of Practice Direction 11

              Date re-issued: 9 July 2020

              This Practice Direction deals with:
              • applications made to the Court of First Instance for permission to appeal; and
              • applications for permission to appeal, and appeals, made to the Court of Appeal.
              Appeals to the Court of First Instance in relation to Small Claims are dealt with in Practice Direction 3 – Small Claims.

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

              Unless the Court orders otherwise, the following provisions shall apply.

              A. PERMISSION TO APPEAL [r.206, r.207 and r.208]
              Requirement to seek permission to appeal
              11.1. Rule 206(1) provides that a party requires permission to appeal from an order or judgment of a Judge in the Court of First Instance to the Court of Appeal.
              What constitutes an appeal
              11.2. For the purpose of this Practice Direction, “appeal” includes:
              (a) an appeal against the whole or part of an order or judgment; and
              (b) a request for an order to be varied.
              Categories of application for permission to appeal
              11.3. Rule 206(2) provides for the following categories of application for permission to appeal to the Court of Appeal (each a “permission application”):
              (a) permission application made in respect of a case management or interim order;
              (b) permission application made in respect of an order refusing permission to apply for judicial review; and
              (c) permission application made in respect of any other case.
              11.4. For the purpose of Rule 206(2)(a):
              (a) case management order includes an order or direction made under Parts 11 to 15 and 17 of the Rules and includes an order or direction about disclosure, filing of witness statements or experts’ reports, the timetable of the claim and adding a party to a claim and about security for costs; and
              (b) interim order includes an order made under Part 10 of the Rules and includes an order or direction in relation to an interim remedy or an interim payment.
              11.5. Where the application is for permission to appeal from a case management or interim order, the Court may take into account whether:
              (a) the issue is of sufficient significance to justify the costs of an appeal;
              (b) the procedural consequences of an appeal (e.g. loss of trial date) outweigh the significance of the case management or interim order; and
              (c) it would be more convenient to determine the issue at or after trial.
              Threshold test for grant of permission to appeal
              11.6. Rule 208(4) provides that permission to appeal may only be given if the Court considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard.
              Permission application – how made
              11.7. Rules 206(2) and 206(3) prescribe:
              (a) how a permission application is to be made;
              (b) the time limit within which a permission application must be made; and
              (c) the Court which is to hear and determine a permission application.
              11.8. A permission application made to the Court of First Instance should be made to the trial judge.
              11.9. A permission application made under Rules 206(2) or 206(3) must be made:
              (a) to the Court of First Instance, by way of application notice in accordance with Form CFI 38; or
              (b) to the Court of Appeal, by way of application notice in accordance with Form COA 1.
              11.10. The application notice must identify:
              (a) the order or judgment against which it is sought to appeal;
              (b) any order refusing permission to appeal;
              (c) the ground or grounds on which the appeal would be brought;
              (d) the order or orders that would be sought in the appeal; and
              (e) any other application that the applicant wishes to make (unless it is not practical to make such application in the notice).
              11.11. At the same time as it files and serves its application notice, an applicant must file and serve its written argument in support of its permission application.
              11.12. The written argument in support must be in accordance with Form CFI 39 (if filed in the Court of First Instance) or Form COA 2 (if filed in the Court of Appeal) and must:
              (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.13 below;
              (b) attach a copy of:
              (i) the order or judgment against which it is sought to appeal (including any reasons provided for the order or judgment);
              (ii) any order refusing permission to appeal (including any reasons provided for the order);
              (c) set out briefly in chronological form the history of the proceedings;
              (d) identify, as shortly as the circumstances allow, the facts and the issue or issues of law in the proposed appeal;
              (e) set out in summary form the reasons why permission to appeal should be granted;
              (f) in relation to any other application, include a short statement as to why that application should be granted; and
              (g) identify any documents that the applicant intends to rely on.
              11.13. For the purpose of paragraph 11.12(a), the page limit of a written argument in support of a permission application that relates to:
              (a) a case management or interim order, is 6 pages;
              (b) an order refusing permission to apply for judicial review, is 8 pages; and
              (c) any other case, is 12 pages.
              Service
              11.14. The application notice and written argument in support of a permission application must be served by the applicant on all other parties to the proceeding in which the order or judgment which is the subject of the application was made.
              11.15. In relation to a permission application made to the Court of First Instance, service of all documents (including those referred to in paragraph 11.14) is ordinarily effected through the eCourts Platform in accordance with Practice Direction 1.
              11.16. In relation to a permission application made to the Court of Appeal, the applicant must serve the documents referred to in paragraph 11.14 in accordance with Part 4 of the CPR and Practice Direction 6, and file a certificate of service in accordance with Form CFI 31 within 7 days after service.
              11.17. Unless the Court orders otherwise, any respondent who wishes to participate in the permission application made to the Court of Appeal must do so by filing an acknowledgment of service in accordance with Form COA 6:
              (a) in relation to a case management or interim order, within 4 days of being served with the permission application;
              (b) in relation to any other case, within 7 days of being served with the permission application.
              11.18. Thereafter, service of all documents filed in the proceeding is effected through the eCourts Platform in accordance with Practice Direction 1.
              Respondent’s written argument in response
              11.19. A respondent’s written argument in response to a permission application must be in accordance with Form CFI 40 (if filed in the Court of First Instance) or Form COA 3 (if filed in the Court of Appeal) and must;
              (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.18 below;
              (b) set out the reasons why the permission application should be dismissed;
              (c) set out any reasons why any other application made should be dismissed; and
              (d) identify any documents that the respondent intends to rely on.
              11.20. For the purpose of paragraph 11.17(a), the page limit of a written argument in response to a permission application that relates to:
              (a) a case management or interim order, is 6 pages;
              (b) an order refusing permission to apply for judicial review, is 8 pages; and
              (c) any other case, is 12 pages.
              Reply to written argument in response
              11.21. An applicant for permission to appeal may, if invited by the Court to do so, file and serve a written argument in reply to the written argument of the respondent or respondents.
              11.22. The applicant’s written argument in reply must be in accordance with Form CFI 41 (if filed in the Court of First instance) or Form COA 4 (if filed in the Court of Appeal) and must:
              (a) not, without the permission of the Court, exceed 4 pages;
              (b) only seek to reply to the written argument of the respondent or respondents; and
              (c) identify any further documents that the applicant intends to rely on.
              Nature of permission application and materials to be provided
              11.23. The determination of a permission application is summary in nature.
              11.24. As part of any permission application, the parties are encouraged to provide the Court with only those materials that will assist the Court in making a determination as to whether the relevant test for the grant of permission to appeal is met.
              11.25. For example, ordinarily a permission application can, and should, be made and answered without production of any substantial part of the evidence tendered at the hearing which preceded the order or judgment which is challenged. If reference to a document in evidence (for example, the contract which was the subject of the proceedings) or a particular passage of oral evidence is necessary for a proper understanding of the permission application, or any response, the party should (subject to paragraph 11.24) annex that document or that passage of evidence to its written argument.
              Documents to be uploaded to the eCourts Platform
              11.26. Any document referred to by a party in a written argument must be uploaded by that party to the eCourts platform unless the document has previously been uploaded to the eCourts platform in the proceeding to which it relates.
              11.27. Any document uploaded to the eCourts platform under paragraph 11.24 may be appended to the written argument to which it relates. For the avoidance of doubt, any appended document is not to be included in the page count for the purpose of paragraphs 11.13, 11.18 or 11.20.
              Authorities
              11.28. Any authorities to be relied on by a party should be referred to in the party’s written argument.
              11.29. A party is required to upload to the eCourts platform, using Form CFI 36, any authority that it intends to rely on so that it is available to the Court deciding the permission application.
              Disposition of permission application
              11.30. Permission applications before the Court of Appeal will be decided by a panel of three judges.
              11.31. Permission applications will ordinarily be determined on the papers without an oral hearing.
              11.32. The Court considering the permission application may direct that the permission application be referred for further written submissions, or for oral argument, on the question of whether permission should be granted.
              11.33. A permission application may be referred for oral argument as on an appeal.
              11.34. Where more than one party makes a permission application in connection with an order or judgment of the Court, the Court deciding the applications may:
              (a) consolidate the permission applications into the same proceeding;
              (b) determine the applications at the same time; or
              (c) make such orders as it considers appropriate for the efficient determination of the applications.
              11.35. A permission application may be granted, in whole or in part, and with or without conditions.
              11.36. A permission application may be refused, with or without costs.
              11.37. The decision by the Court of Appeal on a permission application may not be challenged by any proceeding in the Court, whether by way of review, appeal or otherwise.
              B. THE APPEAL [r.209, r.209A, r.209B, r.209C and r.211]
              Notice of appeal
              11.38. Without permission of the Court, a notice of appeal may not allege any ground of appeal outside the scope of the grant of permission to appeal.
              11.39. If permission to appeal is given, the appellant must file and serve a notice of appeal in accordance with Form COA 5 within 7 days of the order granting permission to appeal.
              11.40. The notice of appeal must identify:
              (a) the order or judgment against which the appeal is brought;
              (b) the ground or grounds on which the appeal is brought;
              (c) the order or orders sought in the appeal;
              (d) the order granting permission to appeal; and
              (e) any other application that the appellant wishes to make (unless it is not practical to make such application in the notice).
              Service
              11.41. The notice of appeal must be served in accordance with Part 4 of the CPR and Practice Direction 6 on all parties to the proceeding in which the order or judgment which is the subject of the appeal was made.
              11.42. The appellant must file a certificate of service in accordance with Form CFI 31 within 7 days after service of the notice of appeal.
              Appellant’s written argument and proposed appeal bundle index
              11.43. Rule 209(2) prescribes the time limit within which an appellant must file and serve its written argument in support of the appeal. At the same time as it files and serves its written argument in support, an appellant must file and serve its proposed appeal bundle index. Service is to be effected in the same manner as set out in paragraph 11.41.
              11.44. The appellant’s written argument in support of its notice to appeal must be in accordance with Form COA 7 and must:
              (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.44 below;
              (b) attach a copy of:
              (i) the order or judgment against which it is sought to appeal (including any reasons provided for the order or judgment);
              (ii) the order granting permission to appeal (including any reasons provided for the order);
              (c) set out briefly in chronological form the history of the proceedings;
              (d) identify the facts and the issue or issues of law in the appeal;
              (e) set out the reasons why the appeal should be granted;
              (f) set out the reasons why any other application made should be granted; and
              (g) identify any documents that the appellant intends to rely on.
              11.45. For the purpose of paragraph 11.44(a), the page limit of a written argument in support of an appeal that relates to:
              (a) a case management or interim order, is 10 pages;
              (b) an order refusing permission to apply for judicial review, is 12 pages; and
              (c) any other case, is 20 pages.
              Acknowledgment of Service
              11.46. Any respondent who wishes to participate in the proceeding must do so by filing an acknowledgment of service in accordance with Form COA 6:
              (a) in relation to a case management or interim order, within 4 days of being served with the appellant’s written argument in support of the appeal;
              (b) in relation to any other case, within 7 days of being served with the appellant’s written argument in support of the appeal.
              11.47. Thereafter, service of all documents filed in the proceeding is effected through the eCourts Platform in accordance with Practice Direction 1.
              Respondent’s written argument in opposition and proposed revised appeal bundle index
              11.48. Rule 209A prescribes the time limit within which a respondent must file and serve any written argument in response to the appeal. At the same time as it files and serves its written argument in response, a respondent must file and serve any revised appeal bundle index.
              11.49. The respondent’s written argument in response to the appeal must be in accordance with Form COA 8 and must;
              (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.50 below;
              (b) set out the reasons why the appeal should be dismissed;
              (c) contain notice of any intention to support the order or judgment appealed against on a ground or grounds other than the ground or grounds on which the order or judgment is based (and such alternative grounds are to be set out in the written argument);
              (d) set out any reasons why any other application made should be dismissed; and
              (e) identify any documents that the respondent intends to rely on.
              11.50. For the purpose of paragraph 11.49(a), the page limit of a written argument in response to an appeal that relates to:
              (a) a case management or interim order, is 10 pages;
              (b) an order refusing permission to apply for judicial review, is 12 pages; and
              (c) any other case, is 20 pages.
              Appellant’s written argument in reply and further proposed appeal bundle index
              11.51. Rule 209B prescribes the time limit within which an appellant may file and serve any written argument in reply. At the same time as it files and serves any written argument in reply, an appellant must file and serve any further revised appeal bundle index.
              11.52. The appellant’s written argument in reply must be in accordance with Form COA 9 and must:
              (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.50 below;
              (b) only seek to reply to the written argument of the respondent or respondents; and
              (c) identify any further documents that the appellant intends to rely on.
              11.53. For the purpose of paragraph 11.52(a), the page limit of a written argument in reply that relates to:
              (a) a case management or interim order, is 4 pages;
              (b) an order refusing permission to apply for judicial review, is 5 pages; and
              (c) any other case, is 10 pages.
              Appeal bundle
              11.54. Within:
              (a) 7 days of the appellant filing and serving its written argument in reply and any further revised appeal bundle index;
              (b) if a respondent has filed a written argument in response and any revised appeal bundle index, and no documents are filed and served under sub-paragraph (a), 3 days of the time limit for filing serving any written argument in reply and further revised appeal bundle index has expired; or
              (c) if no respondent has filed a written argument in response or revised appeal index, 7 days of the time limit for filing and serving the last of any written argument in response and revised appeal index has expired,
              the appellant is to prepare an electronic appeal bundle using the eCourts Platform.
              11.55. Within 3 days of the appeal bundle being prepared, the parties are to file any replacement documents which require cross referencing to the bundle.
              Documents to be uploaded to the eCourts Platform
              11.56. Any document referred to by a party in a written argument, or otherwise to be relied on, must be uploaded by that party to the eCourts platform, unless that document has already been uploaded for the purpose of the appeal).
              11.57. Any document uploaded to the eCourts platform under paragraph 11.56 may be appended to the written argument to which it relates. For the avoidance of doubt, any appended document is not to be included in the page count for the purpose of paragraphs 11.45, 11.50 or 11.53.
              Materials and appeal bundle
              11.58. Parties to an appeal must cooperate in preparing the materials to be made available to the Court for the determination of the appeal ("the appeal record”). The appeal record is to be provided to the Court in the form of an electronic appeal bundle which is to be prepared in accordance with this Practice Direction.
              11.59. Materials should be included in the appeal bundle only if required by this Practice Direction, or for the proper argument and disposition of the appeal.
              11.60. The following materials must be included in the appeal bundle in the following order:
              (a) the order or judgment appealed against (including any reasons provided for the order or judgment);
              (b) the order granting permission to appeal (including any reasons provided for the order);
              (c) the appellant's notice of appeal;
              (d) where they are necessary for understanding the issues and argument in the appeal:
              (i) the parties' statements of case; and
              (ii) the transcript of any relevant part of the evidence given at trial;
              (e) the chronology of events relevant to the appeal;
              (f) the statement of facts as found by, or agreed in, the Court below;
              (g) the appellant's written argument;
              (h) the respondents’ written argument;
              (i) any written argument in reply;
              (j) the appellant’s authorities; and
              (k) the respondents’ authorities.
              11.61. For the purpose of the appeal bundle, the parties are to agree:
              (a) a chronology of events relevant to the appeal; and
              (b) the statement of facts as found by, or agreed in, the Court below.
              11.62. The materials referred to in the paragraph 11.61 should be prepared in neutral terms and the Court expects the parties to consult and agree on their contents so that they can be included in the bundle within the time limits provided for in this Practice Direction.
              11.63. The appeal bundle is to be prepared using the eCourts Platform.
              Authorities
              11.64. Any authorities to be relied on by a party should be referred to in their written argument and, in any event, not less than 5 days before the date fixed for any hearing of the appeal each party to the appeal must file and serve on all other parties a list of the authorities to which that party intends to refer the Court at the hearing of the appeal.
              11.65. A party is required to upload to the eCourts platform, using Form CFI 36, any authority that it intends to rely on so that it is available for inclusion in the appeal bundle.
              Determination of appeal
              11.66. The Court shall make such directions as it considers appropriate for the listing of any appeal for hearing and may fix the time allowed to parties for the presentation of oral argument.
              11.67. Where permission to appeal is granted to more than one party, and an appeal is made by more than one party in connection with an order or judgment of the Court, the Court deciding the appeals may:
              (a) consolidate the appeals into the same proceeding;
              (b) determine the appeals at the same time; or
              (c) make such orders as it considers appropriate for the efficient determination of the appeals.
              11.68. An appeal may be granted, in whole or in part, and with or without conditions.
              Costs
              11.69. If permission to appeal is granted, the costs of the permission application shall be costs in the appeal unless some other order is made either when permission is given or later.
              11.70. The Court may make such order in relation to the costs of the appeal as it considers appropriate.
              C. PROVISIONS OF GENERAL APPLICATION
              11.71. This Practice Direction sets out the page limits for documents. When preparing any document, a party must use:
              (a) not less than 12-point font;
              (b) margins of not less than 20 cm; and
              (c) at least one and a half line spacing.
              Applications
              11.72. Where it is necessary to bring an application before the Court of Appeal, it should be included in the permission application or the notice of appeal. The Court may, as it considers appropriate, deal with the application either before or at the time the permission application or appeal is heard.
              11.73. Where it is not practical to include the application in the permission application or notice of appeal, a party must file and serve an application notice in accordance with Form COA 10 supported by witness statement evidence in accordance with Form COA 12.
              11.74. An application may be made without notice if it is permitted only where it is shown to be in the interests of justice, either generally or in the particular case, that this be allowed.
              11.75. The Court shall make such other directions as are necessary in relation to the application and may deal with any application made before the hearing of the permission application or appeal, or without a hearing if the Court does not consider that a hearing is appropriate or the parties agree that no hearing is appropriate.
              Amended on July 7, 2020

            • PRACTICE DIRECTION 12 FORMS

              Click here to view a PDF version of Practice Direction 12

              Date re-issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR

              This Practice Direction prescribes Forms referred to in the Rules or Practice Directions.

              INDEX OF FORMS

              Court of First Instance

              CFI 1: Claim Form

              CFI 2: Claim Form (Small Claims)

              CFI 3: Claim Form (Employment)

              CFI 4: Claim Form (Judicial Review)

              CFI 5: Claim Form (Arbitration - Enforcement)1

              CFI 6: Claim Form (Derivative Claims)

              [CFI 44: Claim Form (Derivative Claims)]

              CFI 7: Acknowledgment of Service

              CFI 7A: Acknowledgment of Service (Judicial Review Claims)

              CFI 8: Defence

              CFI 9: Counterclaim

              CFI 10: Reply

              CFI 11: Case Summary (Small Claims)

              CFI 12: Application Notice

              CFI 12A: Application Notice (Pre-Claim Interim Remedy)

              CFI 13: Redfern Schedule and Disclosure Statement

              CFI 14: Affidavit

              CFI 15: Witness Statement

              CFI 16: Application for Witness Summons

              CFI 17: Notice of intention to rely on or call certain evidence

              CFI 18: Notice of Discontinuance*

              CFI 19: Notice of Appeal to Commercial and Civil Division (Small Claims)

              CFI 20: Response to Notice of Appeal to Commercial and Civil Division (Small Claims)

              CFI 21: Part 18 Offer

              CFI 22: Consent Orders*

              CFI 23: Notice of Appearance*

              CFI 24: Application for certified copy of Order or Judgment*

              CFI 25: Enforcement Application under ADGM Enactment

              CFI 26: Application for evidence for Courts outside the jurisdiction

              CFI 27: Claim (Application for registration of recognised Court’s judgment)

              CFI 28: Claim (Arbitration Claims – Rule 30 Procedure)

              CFI 29: Claim (Application for registration and enforcement of Judgment of a Court of the United Arab Emirates)

              CFI 30: Application for deputisation of Judgment of ADGM Courts*

              CFI 31: Certificate of Service*

              CFI 32: Notice to Defendant (outside ADGM)*

              CFI 33: Notice of Change of Representation*

              CFI 34: Notice of Admission/ Request for time to pay*

              CFI 35: Application for access to court records*

              CFI 36: General Form*

              CFI 37: Draft Order

              CFI 38: Application to Court of First Instance for Permission to Appeal to Court of Appeal

              CFI 39: Argument in Support of Application for Permission to Appeal to Court of Appeal

              CFI 40: Argument in Response to Application for Permission to Appeal to Court of Appeal

              CFI 41: Argument in Reply in Application for Permission to Appeal to Court of Appeal

              CFI 42: Notice of Intention of Ceasing to Act*

              CFI 43: Notice of Ceasing to Act*

              CFI 44: Claim (Derivative Claims)

              * This form can be filed in the Court of Appeal

               

              Court of Appeal

              COA 1: Application to the Court of Appeal for Permission to Appeal

              COA 2: Argument in Support of Application for Permission to Appeal

              COA 3: Argument in Response to Application for Permission to Appeal

              COA 4: Argument in Reply in Application for Permission to Appeal

              COA 5: Notice of Appeal

              COA 6: Acknowledgement of Service (Court of Appeal)

              COA 7: Argument in Support of Appeal

              COA 8: Argument in Response to Appeal

              COA 9: Argument in Reply to Appeal

              COA 10: Application Notice (Court of Appeal)

              COA 11: Draft Order (Court of Appeal)

              COA 12: Witness Statement (Court of Appeal)

              COA 13: Part 18 Offer (Court of Appeal)

               

              Costs

              COSTS 1: Bill of Costs

              COSTS 2: Notice of Dispute (Costs)

              COSTS 3: Notice of Dissatisfaction (Costs)

              COSTS 4: Application for Review (Costs)

              COSTS 5: Notice of Objection (Costs)

              COSTS 6: Application for default costs certificate

              COSTS 7: Costs Management Form

               

              Insolvency

              INSOLVENCY 1: Administration application

              INSOLVENCY 2: Witness Statement

              INSOLVENCY 3: Certificate of Service

              INSOLVENCY 4: Insolvency Act Application Notice

              INSOLVENCY 5: Winding-up Petition

              INSOLVENCY 6: Verification of the Petition

              INSOLVENCY 7: Notice of Opposition to Winding-Up Petition

              INSOLVENCY 8: Certificate of Compliance

              INSOLVENCY 9: General Form

              INSOLVENCY 10: Notice of persons Intending to appear

              INSOLVENCY 11: List of appearances

              INSOLVENCY 12: Application for access to court records

              INSOLVENCY 13: Notice of Appearance

               


              1 See Form CFI 28: Claim Form (Arbitration Claims - Rule 30 Procedure) for arbitration claims commenced under Rule 231.

              Amended on July 7, 2020

            • PRACTICE DIRECTION 13 COURT-ANNEXED MEDIATION

              Click herehere to view a PDF version of Practice Direction 13

              Date re-issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

              Unless the Court otherwise orders, the following provisions shall apply.

              • A. A. Definitions

                • 13.1

                  In this Practice Direction:

                  (a) "court-annexed mediation" or "mediation" means mediation conducted in accordance with this Practice Direction and includes the entire process from the commencement of the mediation until its termination;
                  (b) “dispute” means a dispute between the parties and includes the subject matter of actual proceedings between the parties or any part thereof;
                  (c) “mediation agreement” means the agreement that provides the legal basis for the mediation and which is entered into by the parties, the legal representative of the parties (if applicable) and the mediator;
                  (d) “mediation session” means a meeting held for the mediation of a dispute;
                  (e) “mediator” means the Court officer appointed by the Registrar to act as mediator in a dispute; and
                  (f) “party” or “parties” means any party (whether a natural person, corporate entity or otherwise) involved in a dispute which is referred to mediation in accordance with the Rules and this Practice Direction.

              • B. B. Court-Annexed Mediation [r.304]

                • Introduction

                  • 13.2

                    This Practice Direction applies to disputes that have been referred to court-annexed mediation in accordance with the Rules and this Practice Direction.

                    Inserted on February 25, 2019

                  • 13.3

                    The primary purpose of this Practice Direction is to set out the procedure for court-annexed mediation having regard to the overriding objective that the mediation be conducted in an efficient, expeditious and cost-effective manner.

                    Inserted on February 25, 2019

                  • 13.4

                    Court-annexed mediation is a flexible and confidential process in which the mediator actively assists parties towards a negotiated resolution of a dispute, with the parties in ultimate control of the decision to settle the dispute and of the terms of settlement.

                    Inserted on February 25, 2019

                • General provisions

                  • 13.5

                    All communications in relation to a court-annexed mediation shall be in English. The Court or the mediator may request from the parties a translation of any document written in a language other than English, where such a document is required for the mediator to fulfil his or her mandate in accordance with this Practice Direction.

                    Inserted on February 25, 2019

                  • 13.6

                    Without limiting any other mode of delivery, a party may file or exchange any document required under this Practice Direction in electronic format.

                    Inserted on February 25, 2019

                • Referral to mediation Referral to mediation

                  • 13.7

                    A dispute may be referred to court-annexed mediation:

                    (a) voluntarily by all parties prior to or after commencement of proceedings; or
                    (b) by an order of the Court.
                    Inserted on February 25, 2019

              • C. C. Voluntary Referral to Mediation [r.305]

                • 13.8

                  All parties to the dispute may refer their dispute voluntarily to court-annexed mediation (prior to or after commencement of proceedings), provided that the Court ordinarily would have jurisdiction to hear the dispute if proceedings were initiated.

                  Inserted on February 25, 2019

                • 13.9

                  For the purpose of paragraph 13.8, where the dispute is referred to court-annexed mediation prior to commencement of proceedings, the Registrar will, if required, make an assessment on a prima facie basis as to whether the jurisdictional requirement is satisfied.

                  Inserted on February 25, 2019

                • 13.10

                  Nothing in paragraphs 13.8 and 13.9 shall prejudice the Court's ability to make a subsequent ruling on jurisdiction in relation to the dispute.

                  Inserted on February 25, 2019

                • Voluntary referral: prior to commencement of proceedings

                  • 13.11

                    Where the parties voluntarily refer the dispute to court-annexed mediation prior to commencement of proceedings, the parties must complete and jointly submit to the Registry a Request for Court-Annexed Mediation in the form attached to this Practice Direction in Schedule A (the “request for mediation”).

                    Amended July 9, 2020

                  • 13.12

                    The request for mediation must be signed by all parties to the dispute (or, as applicable, their legal representatives) and must include:

                    (a) the names and contact details of the parties;
                    (b) if applicable, the names and contact details of the parties’ legal representatives;
                    (c) details of the dispute (which shall be expressed in neutral terms) in summary form (including the type, monetary value and particulars of the dispute);
                    (d) if the parties are unable to agree on the details of the dispute, each party may include a separate summary of the details of the dispute and attach it to the request for mediation; and
                    (e) any supporting documents upon which the parties intend to rely or which will assist in a settlement being reached at the mediation.
                    Amended July 9, 2020

                  • 13.13

                    The Registry shall acknowledge in writing receipt of the request for mediation.

                    Amended July 9, 2020

                  • 13.14

                    The Registrar may, within his or her sole discretion, reject a request for mediation with no obligation to disclose the reasons for such rejection, and shall notify the parties of that decision in writing.

                    Inserted on February 25, 2019

                  • 13.15

                    The Registrar shall appoint a mediator as soon as is practicable and notify the parties of the appointment of the mediator in writing, at which time the mediation shall be deemed to have commenced.

                    Amended July 9, 2020

                • Voluntary referral: after commencement of proceedings

                  • 13.16

                    Where the parties voluntarily refer the dispute to court-annexed mediation after commencement of proceedings, the parties must file a joint written request with the Registry for the appointment of a mediator (the “request for appointment of mediator”) in the form attached to this Practice Direction in Schedule B.

                    Amended July 9, 2020

                  • 13.17

                    Where the parties voluntarily refer the dispute to court-annexed mediation after commencement of proceedings, the parties must file a joint written request with the Registry for the appointment of a mediator (the "request for appointment of mediator") in the form attached to this Practice Direction in Schedule B.

                    Inserted on February 25, 2019

                  • 13.18

                    The Registrar shall appoint a mediator as soon as is practicable and notify the parties of the appointment of the mediator in writing, at which time the mediation shall be deemed to have commenced.

                    Amended July 9, 2020

                  • 13.19

                    No further steps will be taken by the Court in relation to the request for appointment of mediator unless and until the applicable filing fee has been paid, or any other arrangement for the payment of the applicable filing fee has been approved in writing by the Registrar.

                    Amended July 9, 2020

              • D. D. Court Ordered Mediation [r.306]

                • 13.20

                  The Court may, at any stage of proceedings, either on its own initiative or upon the application of any party, refer the parties to court-annexed mediation where, in the opinion of the Court, mediation appears appropriate.

                  Amended July 9, 2020

                • 13.21

                  The Court’s power to refer a dispute to mediation does not depend on the consent of all or any of the parties.

                  Amended July 9,2020

                • 13.22

                  The Registrar shall appoint a mediator as soon as is practicable and notify the parties of the appointment of the mediator in writing, at which time the mediation shall be deemed to have commenced.

                  Amended July 9, 2020

              • E. E. Role and Function of the Mediator

                • 13.23

                  Subject to paragraph 13.4, the role of the mediator is to assist the parties in their attempt to achieve a resolution of their dispute, with the parties in ultimate control of the decision to settle the dispute and the terms of the settlement.

                  Amended July 9, 2020

                • 13.24

                  The mediator shall:
                  (a) at any time, prior to or after his or her appointment, disclose all actual and potential conflicts of interest reasonably known to him or her;
                  (b) at all times, remain independent and maintain confidentiality in relation to the mediation;
                  (c) conduct the mediation fairly and diligently whilst taking into consideration the circumstances of the dispute;
                  (d) assist the parties to the best of his or her capabilities to resolve their dispute by:
                  (i) facilitating discussions between the parties;
                  (ii) assisting the parties in identifying underlying issues;
                  (iii) clarifying priorities; and
                  (iv) exploring areas of compromise and generating options in an attempt to resolve the dispute.
                  Amended July 9, 2020

                • 13.25

                  For the assistance of parties, a note on the appointment of court officers as mediators in court-annexed mediations is attached to this Practice Direction in Schedule C.

                  Amended July 9, 2020

              • F. F. The Parties

                • 13.26

                  It is the duty of each party to act and participate in the mediation in good faith and to use their best efforts to co-operate with each other and with the mediator to enable the mediation to proceed smoothly and to resolve the dispute.

                  Amended July 9, 2020

                • 13.27

                  Parties should:
                  (a) be prepared to treat all participants in the mediation with common courtesy;
                  (b) have considered the issues which have priority for them and the possible options for resolving them; and
                  (c) have a clear view on what the best outcome would be from the mediation, and also the extent to which they would compromise.
                  Amended July 9, 2020

                • 13.28

                  Subject to paragraph 13.26, a party may withdraw from the mediation by giving notice of withdrawal in writing to the other party and the mediator.

                  Amended July 9, 2020

              • G. G. The Mediation Agreement

                • 13.29

                  As soon as practicable after the appointment of the mediator, the parties, the legal representatives of the parties (if applicable) and the mediator shall enter into a mediation agreement in the form attached to this Practice Direction in Schedule D.

                  Amended July 9, 2020

                • 13.30

                  Without limiting any other provision at law, upon signature of the mediation agreement, the signatories will be deemed to have accepted and will be bound by the terms of the mediation agreement, the Rules and this Practice Direction.

                  Amended July 9, 2020

                • 13.31

                  For the avoidance of doubt, the parties at all times shall abide by the confidentiality provisions of this Practice Direction notwithstanding that a mediation agreement has not been entered into.

                  Amended July 9, 2020

              • H. H. Conduct of the Mediation

                • 13.32

                  The Court shall provide the necessary support and assistance required for the effective administration of the mediation, including (as required) organising conference calls, videoconference facilities or a venue for any preliminary meeting between the parties and the mediator prior to the mediation session and a venue for the mediation session.

                  Amended July 9, 2020

                • 13.33

                  Within 7 days of his or her appointment, the mediator shall schedule as appropriate:

                  Amended July 9, 2020

                • 13.34

                  In a court ordered mediation, the Court may give directions regulating the practice and procedure to be followed in the mediation.

                  Amended July 9, 2020

                • 13.35

                  Unless the mediator otherwise indicates:
                  (a) the preliminary meeting and/ or the mediation session must be attended by each party and if a party is a corporate or other entity, by an officer of that entity having authority to settle the dispute;
                  (b) a party may be accompanied by a legal representative at the preliminary meeting and/ or the mediation session;
                  (c) all persons attending the preliminary meeting may do so by telephone, video link or in person; and
                  (d) all persons attending the mediation session must do so in person.
                  Amended July 9, 2020

                • 13.36

                  As soon as practicable after his or her appointment or during the preliminary session, the mediator shall provide instructions to the parties on the exchange of any documents to facilitate the mediation, provided always that such exchange should be proportionate to the amount of the dispute and the circumstances of the parties involved in the dispute.

                  Amended July 9, 2020

                • 13.37

                  During the preliminary meeting or the mediation session, the mediator must inform the parties of the following:
                  (a) the purpose of mediation and its objective to facilitate settlement between the parties;
                  (b) the mediator’s role as an impartial and independent third party who cannot make any decisions of fact or law and who cannot determine the credibility of any person participating in the mediation;
                  (c) the Rules and this Practice Direction, which govern the mediation;
                  (d) the confidentiality of the mediation process as provided in this Practice Direction; and
                  (e) any other matters that are relevant to the future conduct of the mediation.
                  Amended July 9, 2020

              • I. I. Termination of the Mediation

                • 13.38

                  Within 7 days of his or her appointment, the mediator shall schedule as appropriate:
                  (a) subject to paragraph 13.26, a party’s withdrawal from the mediation;
                  (b) a written settlement agreement is concluded between the parties;
                  (c) the mediator notifies the parties in writing that, in the mediator’s opinion, the mediation is unlikely to resolve the dispute between the parties; or
                  (d) circumstances have arisen whereby there is no further necessity to continue with the mediation.
                  Amended July 9, 2020

              • J. J. Notification After Mediation

                • 13.39

                  If a settlement is not reached in the mediation, within 7 days after the termination of the mediation, the mediator shall notify the Registry accordingly.

                  Amended July 9, 2020

                • 13.40

                  If a settlement is reached in the mediation, within 7 days of the terms of settlement being signed by the parties, the mediator shall notify the Registry that the mediation has resulted in the settlement of the dispute or (if relevant) a part of the dispute, in which case the mediator shall provide a brief description of that part of the dispute which has been settled.

                  Amended July 9, 2020

              • K. K. Settlement of Dispute

                • 13.41

                  A settlement reached in the mediation will be legally binding only when reduced into writing and signed by or on behalf of each of the parties.

                  Amended July 9, 2020

                • 13.42

                  Upon the request by or on behalf of all of the parties, and if proceedings have been commenced, the Court will make an order or orders giving effect to any settlement agreement arising out of a court-annexed mediation.

                  Amended July 9, 2020

              • L. L. Confidentiality

                • 13.43

                  Subject to the provisions of this part, the mediation shall be conducted in confidence and all communications made in the mediation, including information disclosed, views expressed and statements made (whether oral or written), are made on a strictly ‘without prejudice’ basis and shall not be used in any proceedings before any court or other body.

                  Amended July 9, 2020

                • 13.44

                  Unless required by law or otherwise agreed between the parties in writing:
                  (a) save for the fact of the mediation taking or having taken place, all other aspects of and relating to the mediation shall be private and confidential; and
                  (b) any settlement agreement between the parties shall be kept confidential, save and except that a party shall have the right to disclose it to the extent that such disclosure is necessary for its implementation or enforcement.
                  Amended July 9, 2020

                • 13.45

                  Unless required by law or otherwise agreed between the parties in writing, a party shall not produce as evidence nor disclose in any judicial, arbitral or any other type of proceedings:
                  (a) any documents, statements or communications which are submitted by another party in the mediation, unless such material can be or has been independently obtained outside of the mediation by the party seeking to produce such material;
                  (b) any views expressed, suggestions or offers made by any party in the mediation with regard to the dispute or the possible settlement of the dispute;
                  (c) any views or proposals put forward by the mediator in the mediation;
                  (d) any admissions made by any party in the mediation; or
                  (e) the fact that any party indicated in the mediation that it was ready to offer or accept a proposal for settlement.
                  Amended July 9, 2020

                • 13.46

                  Unless required by law or unless all parties and the mediator otherwise agree in writing, the mediator shall not give evidence or produce in evidence any records or notes relating to the mediation in any procedings before any court or other body arising out of or in connection with the mediation of a dispute.

                  Amended July 9, 2020

              • M. M. Immunity

                • 13.47

                  The mediator shall not be liable to any person for any act or omission in connection with the mediation, except to the extent such limitation of liability is prohibited by law.

                  Amended July 9, 2020

                • 13.48

                  Subject to paragraph 13.47, by participation in a court-annexed mediation the parties thereby waive their right to make any claim against the mediator for any matter in connection with or in relation to the:
                  (a) dispute between the parties;
                  (b) mediation; and
                  (c) services provided by the mediator.
                  Amended July 9, 2020

                • 13.49

                  The parties agree that the mediator is not an expert for the purpose of Article 257 of Federal Law No (3) of 1987.

                  Amended July 9, 2020

                • 13.53 [Deleted]

                   

                  Deleted July 9, 2020

                • 13.54 [Deleted]

                   

                  Deleted July 9, 2020

              • N. N. Costs [R.307]

                • 13.50

                  If the dispute is referred to mediation pursuant to a court order, in exercising its discretion as to costs in the proceedings the Court may make an order as to the payment of any costs relating to or arising from the mediation by one or more of the parties in such manner as the Court may see fit.

                  Amended July 9, 2020

                • 13.51

                  In the absence of a court order under paragraph 13.50, the costs of the mediation shall be borne equally by the parties.

                  Amended July 9, 2020

                • 13.52

                  Nothing in this section shall limit the Courts’ discretion as to costs under Rule 307.

                  Amended July 9, 2020

                • 13.55 [Deleted]

                   

                  Amended July 9, 2020

                • 13.56 [Deleted]

                   

                  Amended July 9, 2020

                • 13.57 [Deleted]

                   

                  Amended July 9, 2020

                • 13.58 [Deleted]

                   

                  Amended July 9, 2020

            • PRACTICE DIRECTION 14 INSOLVENCY

              Click here to view a PDF version of Practice Direction 14

              Date issued: 9 July 2020

              This Practice Direction is to be read with, and subject to, the Insolvency Regulations 2015 (“Regulations”), the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. This Practice Direction does not set out all of the relevant procedures relating to insolvency proceedings or related matters, and parties must also refer to and comply with any requirements set out in the Regulations.

              The Provisions of the CPR (including any related Practice Directions) apply for the purposes of any Insolvency Proceedings before the Court with any necessary modifications, except so far as disapplied by or inconsistent with this Practice Direction.

              Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR or the Regulations, as the case may be. A reference in this Practice Direction to the Registrar of Companies has the same meaning as the Registrar for the purposes of the Regulations. Any reference to a section in this Practice Direction is a reference to a section in the Regulations unless otherwise stated and a reference to a Rule is a reference to the CPR.

              This Practice Direction must be read in conjunction with other Practice Directions including, in particular:

              •   Practice Direction 1 – General
              •   Practice Direction 6 – Service of Documents
              •   Practice Direction 9 – Costs
              •   Practice Direction 11 – Appeals

              Unless the Court orders or directs otherwise, the following provisions shall apply.

              • A. GENERAL PROVISIONS – APPLICATIONS

                Preliminary
                14.1. This Section applies to any application made to the Court under the Regulations or this Practice Direction except:
                (a) a petition for a winding-up order under sections 202 or 203 of the Regulations (see Section I); and
                (b) an application for the appointment of a provisional liquidator (see Section J); and
                Form and contents of application
                14.2. Unless specifically provided for in this practice direction, any application to the Court is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2 and must state:
                (a) that the application is made under the Regulations;
                (b) the section of the Regulations or paragraph of a Schedule to the Regulations or paragraph of this Practice Direction (as the case may be) pursuant to which it is made;
                (c) the names of the parties;
                (d) the name of the Company or non-Abu Dhabi Global Market Company which is the subject of the Insolvency Proceedings to which the application relates;
                (e) where the Court has previously allocated a reference number to the Insolvency Proceedings within which the application is made, that number;
                (f) the nature of the remedy or order applied for or the directions sought from the Court;
                (g) the names and addresses of the persons on whom it is intended to serve the application or that no person is intended to be served;
                (h) where the Regulations or this Practice Direction require that notice of the application is to be given to specified persons, the names and addresses of all those persons (so far as known to the applicant);
                (i) whether the applicant requests a hearing and, if so, whether the applicant requests an expedited hearing of the application or for the hearing to be without notice, and the reason(s) for the request; and
                (j) the applicant’s address for service.
                Filing and service of application
                14.3. On receipt of an application notice containing a request for a hearing the Court will notify the applicant of the time and date for the hearing of the application in a notice of listing.
                14.4. Unless the application is filed without notice, the applicant shall serve a sealed copy of the application on the respondent named in the application (or on each respondent if more than one), along with any notice of listing.
                14.5. Applications made without notice are to be submitted to the Court by email to registry@adgmcourts.com.
                14.6. An application may be made without notice if this is permitted by the Regulations, a rule, a practice direction or otherwise is with the Court’s permission. The Court’s permission will be granted only where:
                (a) there is exceptional urgency;
                (b) it is otherwise desirable to do so in the interests of justice; or
                (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application.
                14.7. Where the Court is asked to make an order on an application without notice, the applicant must bring to the Court’s attention any matter which, if the respondent was represented, the respondent would wish the Court to be aware of. This includes any matters which might tend to undermine the application.
                14.8. Where the Court makes an order on an application without notice, whether granting or dismissing an application, the Court may make orders that the applicant serve on every person against whom an order was sought or made:
                (a) the application notice;
                (b) all written material on which the applicant sought to rely in support of his application;
                (c) a transcript of the hearing of the application;
                (d) a copy of the order; and
                (e) notice that any person against whom an order was sought or made may apply to have the order set aside or varied.
                14.9. The Court may give any of the following directions:
                (a) that the application be served upon persons other than those specified by the relevant provision of the Regulations or this Practice Direction;
                (b) that the giving of notice to any person may be dispensed with; and
                (c) that notice be given in some way other than that specified in paragraph 14.4.
                14.10. An application must be served at least 14 calendar days before the date fixed for its hearing unless:
                (a) the provision of the Regulations or this Practice Direction under which the application is made makes different provision; or
                (b) the case is one of urgency to which paragraph 14.11 applies.
                14.11. Where the case is one of exceptional urgency, the Court may (without prejudice to its general power to extend or abridge time limits):
                (a) hear the application immediately, either with or without notice to, or the attendance of, other parties; or
                (b) authorise a shorter period of service than that provided for by paragraph 14.10,
                and any such application may be heard on terms providing for the filing or service of documents, or the carrying out of other formalities, as the Court thinks fit.
                Hearings without notice
                14.12. Where the relevant provisions of the Regulations or this Practice Direction do not require service of the application on, or notice of it to be given to, any person:
                (a) the Court may hear the application as soon as reasonably practicable without fixing a time and date for the hearing as required by paragraph 14.3; or
                (b) it may fix a time and date for the hearing in which case paragraphs 14.3 to 14.11 shall apply to the extent that they are relevant,
                but nothing in those provisions is to be taken as prohibiting the applicant from giving such notice if the applicant wishes to do so.
                Witness statements
                14.13. Subject to paragraphs 14.18 to 14.19, where evidence is required by the Regulations or this Practice Direction as to any matter, such evidence may be provided in the form of a witness statement unless in any specific case the Regulations or a Rule makes different provision.
                14.14. Witness statements must be in accordance with Form Insolvency 2 and must comply with the requirements of Part 14 of the CPR.
                14.15. Where in Insolvency Proceedings a witness statement is made by an Office-holder, the witness statement must state:
                (a) the capacity in which that Office-holder is acting; and
                (b) the address at which that Office-holder works.
                14.16. The Court may, on the application of any party to the matter in question, order the attendance for cross-examination of the person making the witness statement.
                14.17. Where, after such an order has been made, the person in question does not attend, that person’s witness statement must not be used in evidence without the permission of the Court.
                Reports
                14.18. Unless the application involves other parties, a report may be filed in Court instead of a witness statemen by:
                (a) a liquidator;
                (b) an administrative receiver;
                (c) a receiver;
                (d) an administrator (subject to Section C); and
                (e) a provisional liquidator.
                14.19. In any case where a report is filed instead of a witness statement, the report shall be treated for the purposes of paragraph 14.20 and any hearing before the Court as if it were a witness statement.
                Filing and service of witness statements
                14.20. Unless the provision of the Regulations or this Practice Direction under which the application is made provides otherwise, or the Court otherwise allows:
                (a) if the applicant intends to rely at a hearing on evidence in a witness statement, he shall file the witness statement with the Court and serve a copy on the respondent (or on each respondent if more than one);
                (b) where a respondent to an application intends to oppose it and to rely for that purpose on evidence in a witness statement, he shall file the witness statement with the Court and serve a copy on the applicant (or on each applicant if more than one) and on every other respondent; and
                the timetable for the filing and service of witness statements shall be as set out in the Regulations or this Practice Direction, or as directed by the Court.
                Hearing of application
                14.21. Unless the Court otherwise directs, the application will be heard in public in accordance with section 98 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015.
                Adjournment of hearing and directions
                14.22. The Court may adjourn the hearing of an application on such terms as it thinks fit.
                14.23. The Court may at any time give such directions as it thinks fit as to:
                (a) service or notice of the application or any hearing on or to any person;
                (b) whether particulars of claim and defence are to be delivered and generally as to the procedure on the application, including whether a hearing is necessary; and
                (c) the matters to be dealt with in evidence.
                14.24. The Court may give directions as to the manner in which any evidence is to be adduced at a resumed hearing and in particular as to:
                (a) the taking of evidence wholly or partly by witness statement or orally;
                (b) the cross-examination of the maker of a witness statement; and
                (c) any report to be made by an Office-holder.

              • B. ADMINISTRATION

                14.25. A person may be appointed as administrator of a Company:
                (a) by administration order of the Court under section 6 of the Regulations;
                (b) by the holder of a qualifying charge under section 21 of the Regulations; or
                (c) by the Company or its directors under section 29 of the Regulations.
                14.26. This Practice Direction principally deals with applications to the Court for the appointment of an administrator by administration order of the Court (see paragraph 14.25(a)). Save for Section D (paragraph 14.42) and Section E (paragraph 14.43) below, a party who wishes to appoint an administrator out of Court (see paragraphs 14.25(b) or 14.25(c)) must follow the procedure set out in the Regulations.

              • C. APPLICATION TO THE COURT FOR AN ADMINISTRATION ORDER

                Application to the Court for an administration order [sections 6, 8 to 11]
                14.27. An application to the Court for an administration order in respect of a Company is to be made in accordance with Form INSOLVENCY 1.
                14.28. The application must:
                (a) if made by the Company or the directors, state the name of the Company and its address for service, which (in the absence of special reasons to the contrary) is that of the Company’s registered office;
                (b) if made by the directors, state that it is made under section 8(1)(b) of the Regulations;
                (c) if made by a single creditor, including the holder of a qualifying charge, state his name and address for service; or
                (d) if made by two or more creditors, including the holder of a qualifying charge, state that it is so made (naming them).
                14.29. The application must also:
                (a) have attached to it a written statement by each of the persons proposed to be the administrator of the Company stating or containing:
                (i) that he consents to accept appointment;
                (ii) details of any prior professional relationship that he has had with the Company to which he is to be appointed as administrator; and
                (iii) his opinion that it is reasonably likely that the purpose of administration will be achieved,
                (iv) any other matters prescribed in paragraph 46 of Schedule 1 of the Regulations; and
                (b) contain a statement of the applicant’s belief that the Company is, or is likely to become, unable to pay its debts, except where the applicant is the holder of a qualifying charge and is making the application in reliance on section 37 of the Regulations.
                14.30. The application shall be supported by witness statement evidence in accordance with Form INSOLVENCY 2 and must:
                (a) if the application is made by the Company or the directors, be made by one of the directors, or the secretary of the Company, stating himself to make it on behalf of the Company or, as the case may be, on behalf of the directors; or
                (b) if the application is made by creditors, be made by a person acting under the authority of them all, whether or not himself or one of their number and shall state the nature of his authority and the means of his knowledge of the matters to which the witness statement relates.
                14.31. The witness statement shall also contain:
                (a) a statement of the Company’s financial position, specifying (to the best of the applicant’s knowledge and belief) the Company’s assets and liabilities, including contingent and prospective liabilities;
                (b) details of any security known or believed to be held by creditors of the Company, and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver or to appoint an administrator under section 21 of the Regulations. If an administrative receiver has been appointed, that fact shall be stated;
                (c) details of any Insolvency Proceedings in relation to the Company including any petition that has been presented for the winding-up of the Company so far as known to the applicant;
                (d) where it is intended to appoint a number of persons as administrators of a Company, details of the matters set out in section 145(2) of the Regulations regarding the exercise of the function of the administrators of the Company; and
                (e) any other matters which, in the applicant’s opinion, will assist the Court in deciding whether to make such an order, so far as lying within the knowledge or belief of the applicant.
                14.32. Where the administration application is made by the holder of a qualifying charge under sections 37(1), 38(1)(b) or 39(2) of the Regulations, he shall give sufficient details in the witness statement in support to satisfy the Court that he is entitled to appoint an administrator of the Company under section 21 of the Regulations.
                14.33. Where the administration application is made by the holder of a qualifying charge under section 39(2) of the Regulations, or by a liquidator under section 39(4) of the Regulations, the witness statement in support shall also contain (in addition to the matters set out in paragraphs 14.31 and 14.32):
                (a) full details of the existing Insolvency Proceedings, the name and address of the liquidator, the date the liquidator was appointed and by whom;
                (b) the reasons why it has subsequently been considered appropriate that an administration application should be made; and
                (c) any other matters that would, in the applicant’s opinion, assist the Court in deciding whether to make provisions in relation to matters arising in connection with the liquidation.
                Service of application [sections 13 - 16]
                14.34. Service of the application must be made in accordance with sections 13 to 16 of the Regulations.
                14.35. A certificate of service must be made in accordance with Form INSOLVENCY 3.
                Application to the Court by holder of a qualifying charge or a liquidator (special cases) [sections 37(1), 38(1)(b), 39(2) and 39(4)]
                14.36. A holder of a qualifying charge may apply to the Court for an administration order under:
                (a) Section 37(1) of the Regulations;
                (b) Section 38(1)(b) of the Regulations (which is to be read together with Section 17); or
                (c) Section 39(2) of the Regulations.
                14.37. A liquidator may apply to the Court for an administration order under section 39(4) of the Regulations.
                14.38. Section 37 of the Regulations contains special provisions relating to the circumstances in which a holder of a qualifying charge may make an application to the Court for an administration order.
                14.39. Section 38 of the Regulations (which is to be read together with section 17) contains provisions relating to an application to the Court by the holder of a qualifying charge seeking to intervene and have a specified person appointed as administrator (and not the person specified by another administration applicant).
                14.40. Sections 39 and 40 of the Regulations contain provisions relating to the application to the Court for an administration order by the holder of a qualifying charge, or a liquidator, where the Company is in liquidation.
                14.41. In all cases, an application to the Court for an administration order under sections 37(1), 38(1)(b), 39(2) or 39(4) shall:
                (a) be made in accordance with Form Insolvency 1, supported by witness statement evidence in accordance with Form Insolvency 2;
                (b) comply, as applicable, with the requirements set out in paragraphs 14.38 to 14.40; and
                (c) comply with such other requirements set out in Chapter 2 of Part 1 of the Regulations as are applicable including, without limitation, sections 8(2), 10, 12, 13, 14, 15, 16 and 20.

              • D. APPOINTMENT OF AN ADMINISTRATOR BY THE HOLDER OF A QUALIFING CHARGE

                14.42. A holder of a qualifying charge may appoint an administrator pursuant to Chapter 3 of Part 1 of the Regulations without a Court order. For the purpose of any documents to be filed with the Court pursuant to Chapter 3, they must be filed:
                (a) where Insolvency Proceedings have previously been commenced, through the eCourts Platform in accordance with Practice Direction 1; or
                (b) in all other cases, by email to the Registry at registry@adgmcourts.com.

              • E. APPOINTMENT OF AN ADMINISTRATOR BY THE COMPANY OR ITS DIRECTORS

                14.43. A Company or its directors may appoint an administrator pursuant to Chapter 4 of Part 1 of the Regulations without a Court order. For the purpose of any documents to be filed with the Court pursuant to Chapter 4, they must be filed:
                (a) where Insolvency Proceedings have previously been commenced, through the eCourts Platform in accordance with Practice Direction 1; or
                (b) in all other cases, by email to the Registry at registry@adgmcourts.com.

              • F. PRIORITY FUNDING [sections 109A and 109B]

                14.44. An application by an administrator to the Court for an order to permit the obtaining of credit or the incurring of debt on a priority funding basis is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2, and must:
                (a) as applicable, state the matters set out in paragraph 14.2;
                (b) identify the nature of the priority financing to be obtained; and
                (c) where the new security interest is to rank as a matter of priority equally with or above any existing security interest in respect of the same property:
                (i) state that the administrator is unable to obtain such credit otherwise; and
                (ii) set out the basis on which the administrator contends that there will be adequate protection of the interest of the holder of the existing security interest on the property of the insolvent estate on which the security interest is proposed to be granted.
                14.45. The administrator shall, as soon as reasonably practicable after the making of such application, notify each known creditor of the Company that such application has been made or, if that is not practicable in the circumstances, publish a notice of the application on the Registrar of Companies’ website and in an English language newspaper distributed in the United Arab Emirates and available in the Abu Dhabi Global Market.
                14.46. The application will be heard by the Court on the date and time set out in the notice of listing issued by the Court, which shall be included in the notification or notice for purpose of paragraph 14.45.

              • G. SECURITY

                14.47. Security is provided by an administrator by virtue of the fact that the administrator is licensed as an insolvency practitioner under the Commercial Licensing Regulations 2015.

              • H. RECEIVERS

                14.48. A receiver may be appointed:
                (a) upon application to the Court in accordance with Part 28 of the CPR;
                (b) by a person in accordance with Part 2 of the Regulations.
                Court-appointed receiver
                14.49. Any application to the Court in relation to a Court-appointed receiver, including in relation to an application to the Court for the appointment of a receiver, is to be made in accordance with Part 28 of the CPR and Practice Direction 10.
                Receiver appointed under Part 2 of the Regulations
                14.50. A receiver may be appointed by a person under Part 2 of the Regulations without applying to the Court for an order. However, Part 2 contemplates that certain applications may be made to the Court during the course of the receivership. Any such application to the Court under Part 2 of the Regulations is to be made in accordance with Form INSOLVENCY 4, supported by witness statement evidence in accordance with Form INSOLVENCY 2.
                Security
                14.51. Security is provided by a receiver by virtue of the fact that the receiver is licensed as an insolvency practitioner under the Commercial Licensing Regulations 2015.

              • I. WINDING UP

                14.52. The winding-up of a Company may either be voluntary or by the Court, both of which are dealt with in Part 3 of the Regulations.

                14.53. This Practice Direction (and Section H below) deals with the winding-up of a Company by the Court.

              • J. PETITION TO THE COURT FOR A WINDING-UP ORDER

                Injunction to restrain presentation or advertisement of petition
                14.54. An application may at any time be made by a Company for an injunction to restrain a person from:
                (a) presenting a petition for the winding up of a Company; or
                (b) advertising a petition for the winding up of a Company.
                14.55. Such application should be made in accordance with Section A of this Practice Direction.
                Winding-up petition [section 204]
                14.56. A petition for the winding-up of a Company is to be made in accordance with Form INSOLVENCY 5.
                14.57. Where the ground for the winding-up order is founded on section 200(1)(a) of the Regulations and a statutory demand has been served on the Company, the petition must include:
                (a) a statement that such a demand has been served,
                (b) the date of service,
                (c) the amount of the outstanding debt as at the date of service; and
                (d) a statement that the Company is insolvent and unable to pay its debts.
                14.58. The petition shall contain the name and address of the insolvency practitioner (if any) whom the petitioner proposes should be appointed as liquidator or provisional liquidator of the Company in the event that a winding-up order is made by the Court and a statement that the person so nominated is (to the best of the petitioner’s belief) an insolvency practitioner who is registered as an official liquidator with the Registrar of Companies for the purposes of section 289(2) of the Regulations and has consented to such appointment. There shall be attached to the petition a copy of the written consent to such appointment signed by the insolvency practitioner so nominated.
                14.59. The petition must be verified by a statement of truth.
                14.60. Where the petition is in respect of debts due to different creditors then the debt to each creditor must be verified separately in accordance with Form INSOLVENCY 6.
                14.61. A statement of truth verifying more than one petition shall include in its title the names of the Companies to which it relates and shall set out, in respect of each Company, the statements relied on by the petitioner; and a clear and legible photocopy of the statement of truth must be filed with each petition which it verifies.
                14.62. Where a petition is filed at the instance of an administrator, the petition shall:
                (a) be expressed to be the petition of the Company by its administrator;
                (b) state the name of the administrator, the Court case number and the date that the Company entered administration; and
                (c) where applicable, contain an application under section 113 of the Regulations, requesting that the appointment of the administrator shall cease to have effect.
                Service of petition [section 204(2)]
                14.63. A sealed copy of the petition shall be served on the Company by the petitioner in accordance with section 204(2) of the Regulations.
                14.64. Any application to the Court that the petition may be served in such other manner as the Court may by order approve or direct is to be made in accordance with Rule 19 of the CPR.
                14.65. Service of the petition is to be proved by a certificate of service which must be:
                (a) made in accordance with Form INSOLVENCY 3; and
                (b) be filed with the Court as soon as reasonably practicable after service, and in any event not less than 5 business days before the hearing of the petition.
                Other persons to receive copies of petition or entitled to copy of petition [section 204(3), (4)]
                14.66. Where the Regulations require the petitioner to deliver a copy of the petition to any other person that copy must be delivered within 3 business days after the day on which the petition is served on the Company, or where the petitioner is the Company within three 3 business days of the Company receiving the sealed petition.
                Notice of listing
                14.67. This petition will be heard by the Court on the date and time set out in the notice of listing issued by the Court, which the petitioner is to serve on, or provide to, all relevant persons along with the petition.
                Notice of the winding-up petition [section 205]
                14.68. Notice of the winding-up petition shall be published in the manner and in accordance with the requirements set out in section 205 and Schedule 1 of the Regulations.
                14.69. Non-compliance with paragraph 14.68 is a ground on which the Court may, if it thinks fit, dismiss the petition.
                Company’s opposition to the petition [section 204(5)]
                14.70. If the Company intends to oppose the petition, it must do so in accordance with Form INSOLVENCY 7, setting out brief grounds for the opposition, not less than 7 days before the date fixed for the hearing.
                14.71. If the Company disputes the debt upon which the petition has been presented, the Court may make such directions as it considers appropriate for the filing of evidence.
                Certificate of compliance [sections 204(2) and 205]
                14.72. The petitioner must, at least 5 business days before the hearing of the petition, file a certificate of compliance with sections 204(2) and 205 of the Regulations in accordance with Form INSOLVENCY 8.
                14.73. Non-compliance with paragraph 14.72 is a ground on which the Court may, if it thinks fit, dismiss the petition.
                Permission for petitioner to withdraw
                14.74. If at least 5 business days before the hearing the petitioner, on an application without notice to any other party in such form as the Court may specify, satisfies the Court that:
                (a) the petition has not been advertised;
                (b) no notices (whether in support or opposition) have been received by him with reference to the petition; and
                (c) the Company consents to an order being made under this paragraph;
                the Court may order that the petitioner has permission to withdraw the petition on such terms as to costs as the parties may agree or the Court may think fit.
                Request for the appointment of person as liquidator [section 204(7)]
                14.75. Where a petition contains a request for the appointment of a person as liquidator in accordance with section 210(3) of the Regulations, the person whose appointment is sought shall, not less than 2 business days before the day appointed for the hearing, file a report using Form INSOLVENCY 9 which contains particulars of:
                (a) the date on which he notified creditors of the Company, either in writing or at a meeting of creditors, of the intention to seek his appointment as liquidator, such date to be at least 7 business days before the day on which the report under this paragraph is filed; and
                (b) details of any response from creditors to that notification, including any objections to his appointment.
                Security
                14.76. Security is provided by a liquidator by virtue of the fact that the liquidator is licensed as an insolvency practitioner under the Commercial Licensing Regulations 2015.
                Notice of intention to appear [section 205(2)(f)]
                14.77. Any person intending to appear at the hearing (whether to support or to oppose the petition) must give the petitioner notice of that intention in accordance with Form INSOLVENCY 10 no later than 4.00pm on the business day before the day appointed for the hearing.
                14.78. The notice shall be sent to the petitioner at the address shown for him in the Court records or in the advertisement of the petition required by section 205(2) of the Regulations, or it may be sent to his legal representative.
                14.79. A person who fails to comply with paragraphs 14.77 and 14.78 may appear on the hearing of the petition only with the permission of the Court.
                List of appearances [section 205(3)]
                14.80. The petitioner must file a list of appearances in accordance with Form INSOLVENCY 11 on the day appointed for the hearing.
                Substitution of petitioner
                14.81. Where a person petitions and is subsequently found not entitled to do so, or where the petitioner:
                (a) fails to advertise his petition within the time prescribed by the Regulations or such extended time as the Court may allow;
                (b) consents to withdraw his petition, or to allow it to be dismissed, consents to an adjournment, or fails to appear in support of his petition when it is called on in Court on the day originally fixed for the hearing, or on a day to which it is adjourned; or
                (c) appears, but does not apply for an order in the terms of the prayer of his petition; the Court may, on such terms as it thinks just, substitute as petitioner any person who in its opinion would have a right to present a petition, and who is desirous of prosecuting it.
                Dismissal of the petition
                14.82. When a petition is dismissed, the petitioner shall forthwith give notice of the dismissal. Such notice shall be advertised in the same manner as the petition was advertised under paragraph 14.68.
                14.83. The notice advertised under paragraph 14.82 must state:
                (a) that a petition for the winding-up of the Company has been dismissed;
                (b) the name and address of the petitioner;
                (c) the date on which the petition was presented;
                (d) the date on which the petition was advertised; and
                (e) the date of the hearing at which the petition was dismissed.
                14.84. Where the petitioner is not the Company itself and the petitioner has not complied with paragraphs 14.82 and 14.83 within 21 days of the date of the hearing at which the petition was dismissed, the Company may advertise notice of the dismissal itself. Where the Company advertises notice of the dismissal itself:
                (a) the petitioner shall pay to the Company the costs reasonably incurred by the Company in advertising such notice; and
                (b) the amount of the costs so payable, unless agreed between the Company and the petitioner, will be decided by summary assessment in accordance with Practice Direction 9 unless the Court directs otherwise.
                14.85. Paragraphs 14.82 to 14.84 above do not apply in the case where a petition is withdrawn pursuant to paragraph 14.74 above.
                Appointment of liquidator following administration [section 210(3)]
                14.86. For the purpose of section 210 of the Regulations, the persons described in sections 202 and 203 of the Regulations may apply to the Court for the appointment of a liquidator following administration. Unless such application is included in the petition, the application is to be made in accordance with Form INSOLVENCY 4, supported by witness statement evidence in accordance with Form INSOLVENCY 2.

              • K. PROVISIONAL LIQUIDATORS

                Appointment of provisional liquidator [section 210(1)]
                14.87. For the purpose of section 210 of the Regulations, the persons described in sections 202 and 203 of the Regulations may apply to the Court for the appointment of a provisional liquidator. Unless such application is included in the petition, the application is to be made in accordance with Form INSOLVENCY 4, supported by witness statement evidence in accordance with Form INSOLVENCY 2, and must state:
                (a) the grounds on which it is proposed that a provisional liquidator should be appointed; for example, jeopardy, or threat of dissipation of assets or otherwise;
                (b) that the person proposed to be appointed (if any) has consented to act and, to the best of the applicant’s belief, is an official liquidator who is registered with the Registrar of Companies for the purposes of section 289(2) of the Regulations;
                (c) whether to the applicant’s knowledge:
                (i) there has been proposed or is in force for the Company a Deed of Company Arrangement;
                (ii) an administrative receiver is acting in relation to the Company;
                (iii) an administrator has been appointed or an administration order has been made and, if so, whether the applicant is seeking the Court’s consent; or
                (iv) a liquidator has been appointed for the Company’s voluntary winding-up; and
                (d) the applicant’s estimate of the value of the assets in respect of which the provisional liquidator is to be appointed, and the facts and bases upon which such estimate is made.
                Security
                14.88. Security is provided by a provisional liquidator by virtue of the fact that the provisional liquidator is licensed as an insolvency practitioner under the Commercial Licensing Regulations 2015.
                Notice and advertisement of appointment
                14.89. Where a provisional liquidator has been appointed, the Court shall as soon as reasonably practicable give notice of the fact to the provisional liquidator.
                14.90. On receipt of the notice of appointment, as soon as reasonably practicable the provisional liquidator shall give notice of that appointment by advertisement in accordance with, as applicable, paragraph 14.68.
                14.91. In addition to the standard contents, the notice must state:
                (a) that a provisional liquidator has been appointed; and
                (b) the date of the appointment.
                Order of appointment of provisional liquidator
                14.92. The Court shall as soon as reasonably practicable after the order is made, provide a sealed copy of the order:
                (a) to the person appointed as provisional liquidator; and
                (b) if there is an administrative receiver, a copy to him.
                14.93. The provisional liquidator shall as soon as reasonably practicable send a copy of the order to:
                (a) the Company or, if a liquidator has been appointed for the Company’s voluntary winding-up, to him, or to any other Office-holder; and
                (b) the Registrar of Companies or the Financial Services Regulator, as applicable.
                Remuneration
                14.94. The remuneration of the provisional liquidator shall be fixed by the Court from time to time on his application.
                14.95. In fixing his remuneration, the Court shall take into account:
                (a) the time properly given by him (as provisional liquidator) and his staff in attending to the Company’s affairs;
                (b) the complexity (or otherwise) of the case;
                (c) any respects in which, in connection with the Company’s affairs, there falls on the provisional liquidator any responsibility of an exceptional kind or degree;
                (d) the effectiveness with which the provisional liquidator appears to be carrying out, or to have carried out, his duties; and
                (e) the value and nature of the property with which he has had to deal.
                14.96. Without prejudice to any order the Court may make as to costs, the provisional liquidator’s remuneration shall be paid to him, and the amount of any expenses incurred by him reimbursed:
                (a) if a winding-up order is not made, out of the property of the Company; and
                (b) if a winding-up order is made, as an expense of the liquidation, in the prescribed order of priority.
                14.97. In a case falling within paragraph 14.96(a) above the provisional liquidator may retain out of the Company’s property such sums or property as are or may be required for meeting his remuneration and expenses.
                Termination of appointment
                14.98. The appointment of the provisional liquidator shall be terminated without further order on the appointment of a liquidator and may be terminated by the Court on his application or on that of any of the persons described in sections 202 and 203 of the Regulations.
                14.99. If the provisional liquidator’s appointment terminates, whether in consequence of the dismissal of the winding-up petition or otherwise, the Court may give such directions as it thinks fit with respect to the accounts of his administration or any other matters which it thinks appropriate.
                14.100. Notice of termination of the appointment of a provisional liquidator must be given by the provisional liquidator, unless the termination is on the making of a winding-up order. Such notice must as soon as reasonably practicable be:
                (a) sent to the Registrar of Companies or the Financial Services Regulator, as applicable;
                (b) advertised in the same manner as the appointment of the provisional liquidator was advertised pursuant to paragraph 14.90.

              • L. SERVICE OF DOCUMENTS

                14.101. Service is defined in the Regulations to mean for both Court documents and other documents, service in accordance with Part 4 of the ADGM Court Procedure Rules or by any method as the Court may by order approve or direct.

                14.102. Where in Insolvency Proceedings the Court makes an order staying any action, execution or other legal process against the property of a Company, service of the order may be effected by sending a sealed copy of the order to whatever is the address for service of the party having the carriage of the proceedings to be stayed.

                14.103. Where there are joint Office-holders in insolvency proceedings, service on one of them is to be treated as service on all of them.

              • M. CONTENTS OF NOTICES

                14.104. In addition to any requirements set out in any section of the Regulations or this Practice Direction, notices must comply with Schedule 1 of the Regulations.

              • N. COSTS AND DETAILED ASSESSMENT

                Scope
                14.105. This Section applies in relation to costs in connection with Insolvency Proceedings.
                14.106. In this Section a reference to costs includes charges and expenses.
                Requirement to assess costs by the detailed procedure
                14.107. Where the costs of any person are payable as an expense out of the insolvent estate in accordance with the Regulations, this Practice Direction or by order of the Court , the amount payable must be decided by detailed assessment unless agreed between the Office-holder and the person entitled to payment.
                14.108. In the absence of such agreement as is mentioned in paragraph 14.107, the Office-holder:
                (a) may serve notice requiring that person to commence detailed assessment proceedings in accordance with Section E of Practice Direction 9 (Detailed Assessment of Costs); and
                (b) must serve such notice (except in an administrative receivership) where a liquidation or creditors’ committee formed in relation to the insolvency proceedings resolves that the amount of the costs must be decided by detailed assessment.
                14.109. Where the costs of any person employed by an Office-holder in Insolvency Proceedings are required to be decided by detailed assessment under an order of the Court directing that those costs are to be paid otherwise than out of the insolvent estate, the registrar of the Court shall note on the final costs certificate by whom, or the manner in which, the costs are to be paid.
                14.110. Where an Office-holder is made a party to any proceedings on the application of another party to the proceedings, he shall not be personally be liable for costs unless the Court otherwise directs.
                14.111. Nothing in paragraphs 14.107 to 14.110 above shall affect the power of the Court to order an immediate assessment of the costs of any proceedings, or part of any proceedings, before the Court pursuant to Part 24 of the CPR.
                Application for costs
                14.112. This Section applies where a party to, or person affected by, any proceedings in an insolvency:
                (a) applies to the Court for an order allowing his costs, or part of them, incidental to the proceedings; and
                (b) that application is not made at the time of the proceedings.
                14.113. An application to the Court under paragraph 14.112 is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2.
                14.114. The applicant shall serve a sealed copy of the application on the Office-holder.
                14.115. The Office-holder may appear on an application to which paragraph 14.112 applies.
                14.116. No costs of or incidental to the application shall be allowed to the applicant unless the Court is satisfied that the application could not have been made at the time of the proceedings.
                Costs and expenses of witnesses
                14.117. No allowance as a witness in any examination or other proceedings before the Court shall be made to any officer of the insolvent Company to which the proceedings relate.
                14.118. A person presenting any petition in a Company insolvency shall not be regarded as a witness on the hearing of the petition, but the registrar of the Court may allow his expenses of travelling and subsistence.

              • O. REVIEW AND APPEALS IN INSOLVENCY PROCEEDINGS

                Review, rescission or variation of order
                14.119. The Court may review, rescind, or vary any order made by it in relation to Insolvency Proceedings arising out of:
                (a) a change of circumstances; or
                (b) such other matter where the Court considers it is in the interests of justice to conduct such review or rescind or vary an order;
                however, this paragraph shall not apply in circumstances where the application constitutes an appeal of an order.
                14.120. Any application for the rescission of a winding-up order shall be made within 5 business days after the date on which the order was made. An application under this paragraph is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2.
                Appeals
                14.121. Any appeal in relation to an order or judgment made in connection with an Insolvency Proceeding is to be made in accordance with Part 25 of the CPR (save that Rule 205 shall not apply) and Practice Direction 11.

              • P. PRINCIPAL COURT RULES AND PRACTICE TO APPLY

                14.122. The Provisions of the CPR (including any related Practice Directions) apply for the purposes of any Insolvency Proceedings before the Court with any necessary modifications, except so far as disapplied by or inconsistent with this Practice Direction.
                Further information and disclosure
                14.123. Any party to Insolvency Proceedings may apply to the Court for an order:
                (a) that any other party:
                (i) clarify any matter which is in dispute in the proceedings; or
                (ii) give additional information in relation to any such matter,
                in accordance with Rule 54 of the CPR; or
                (b) to obtain documents from any other party in accordance with Part 13 of the CPR.
                14.124. An application under paragraph 14.123 is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2, and may be made without notice.
                Copies of documents
                14.125. Any person who has under the Regulations or this Practice Direction the right to inspect the Court file may require the Court to provide him with an electronic copy of any document from the file.
                Formal defects
                14.126. Paragraph 29B of Schedule 1 of the Regulations provides that no Insolvency Proceedings shall be invalidated by any formal defect or by any irregularity, unless the Court before which the objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedies by any order of the Court.
                Enforcement
                14.127. In any Insolvency Proceedings, an order or judgment of the Court may be enforced in the same manner as an order or judgment of the Court made in any other proceedings, and to the same effect in accordance with the CPR.

              • Q. INQUIRY INTO COMPANY DEALINGS

                Application under section 256 of the Regulations [section 256]
                14.128. An application under section 256 of the Regulations is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2, specifying:
                (a) the name of the respondent;
                (b) the grounds on which it is made;
                (c) whether the application is for an order that the respondent:
                (i) appear before the Court;
                (ii) submit witness statements (and, if so, the particulars to be given of the matters to be included);
                (iii) produce books, papers or other records (if so, the items in question to be specified);
                (iv) clarify any matter which is in dispute in the proceedings or give additional information in relation to any such matter and, if so, Rule 54 of the CPR shall apply to any such order; or
                for any two or more of those purposes or for some other (and, if so, what other) relief.
                14.129. The application may be made without notice to any party other than the respondent.
                Orders for examination, etc
                14.130. The Court, if it orders the respondent to appear before it, shall specify a date and time for his appearance, which shall be not less than 14 calendar days from the date of the order.
                14.131. If the respondent is ordered to submit a witness statement, the order shall specify:
                (a) the matters which are to be dealt with in his witness statement; and
                (b) the time within which the witness statement is to be submitted to the Court.
                14.132. If the order is to produce books, papers or other records, the time and manner of compliance shall be specified.
                14.133. The order must be served as soon as reasonably practicable on the respondent; and it must be served personally.
                Procedure for examination
                14.134. At any examination of the respondent, the applicant may attend in person, or be represented by a legal representative, and may put such questions to the respondent as the Court may allow.
                14.135. The following persons may attend the examination with the permission of the Court and may put questions to the respondent (but only through the applicant):
                (a) any person who could have applied for an order under section 256 of the Regulations; or
                (b) any creditor who has provided information on which the application was made by the applicant.
                14.136. If the respondent is ordered to clarify any matter or to give additional information, the Court shall direct him as to the questions which he is required to answer, and as to whether his answers (if any) are to be made in a witness statement.
                14.137. The respondent may at his own expense instruct a legal representative, who may put to him such questions as the Court may allow for the purpose of enabling him to explain or qualify any answers given him, and may make representations on his behalf.
                Record of examination
                14.138. There shall be a written record of the examination in the form of a transcript. The respondent shall have the opportunity to review the transcript and to propose corrections of any typographical errors or corrections of a similar nature.
                14.139. Subject to any law to the contrary, the written record may, in any proceedings (whether under the Regulations or otherwise) be used as evidence against the respondent of any statement made by him in the course of his examination.
                Inspection of record of examination, etc.
                14.140. The written record of questions put to the respondent and the respondent’s answers, and any witness statements submitted by the respondent in compliance with an order of the Court, are not to be filed with the Court or placed on the Court file. To the extent that any such documents are to be provided to the Registry, they are to be sent by email to registry@adgmcourts.com.
                14.141. The documents set out in paragraph 14.140 are not open to inspection without an order of the Court by any person other than:
                (a) the applicant for an order under section 256 of the Regulations; or
                (b) any person who could have applied for such an order in respect of the affairs of the same Company.
                14.142. The documents to which paragraph 14.141 refers are:
                (a) the written record of the respondent’s examination;
                (b) copies of the questions put to the respondent or proposed to be put to the respondent and answers to questions given by the respondent;
                (c) any witness statement by the respondent; and
                (d) any document on the Court files which shows the grounds for the application for an order.
                14.143. The Court may from time to time give directions as to the custody and inspection of any documents to which paragraphs 14.140 to 14.142 apply, and as to the furnishing of copies of, or extracts from, such documents.
                Costs of proceedings
                14.144. Where the Court makes any other order against a person (including, without limitation, an order requiring the production of books, papers or other records or clarifying any matter which is in dispute or giving additional information) the costs of the application for the order may be ordered by the Court to be paid by the respondent.
                14.145. Where the Court has ordered an examination of any person under section 256 of the Regulations, and it appears to it that the examination was made necessary because information had been unjustifiably refused by that person, it may order that the costs of the examination be paid by him.
                14.146. Subject to paragraphs 14.144 and 14.145, the applicant’s costs shall be paid as an expense of the insolvency proceeding.
                14.147. The costs of a person summoned to attend for examination under this section incurred in connection with his attendance are at the Court ‘s discretion.

              • R. APPLICATION TO LIMITED LIABILITY PARTNERSHIPS

                14.148. Subject to paragraph 14.149, the provisions of this Practice Direction shall apply to a Limited Liability Partnership.
                14.149. This Practice Direction shall apply to a Limited Liability Partnership, except where the context otherwise requires, with the following modifications—
                (a) references to a Company shall include references to a Limited Liability Partnership;
                (b) references to a Director or to an officer of a Company shall include references to a member or a designated member of a Limited Liability Partnership or any other person designated under a Limited Liability Partnership Agreement as fulfilling the managerial functions of a member or a designated member of a Limited Liability Partnership;
                (c) references to the Companies Regulations 2015 shall include references to the equivalent provisions of the Limited Liability Partnerships Regulations (if any) as apply to a Limited Liability Partnership;
                (d) references to the Articles of a Company shall include references to a Limited Liability Partnership Agreement of a Limited Liability Partnership; and
                (e) such further modifications as the context requires for the purpose of giving effect to this Practice Direction as applied by this section.

              • S. FORMS

                14.150. Forms, as specified in this Practice Direction and where provided, are to be used in Insolvency Proceedings.

                14.151. Where the forms are required to be used, they may be used with such variations, if any, as the circumstances may require.

              • T. COURT RECORDS

                14.152. The Court shall open and maintain a file in any case where documents are filed with it under the Regulations, this Practice Direction or the CPR.
                14.153. The following persons may inspect or obtain from the Court a copy of, or a copy of any document or documents contained in, a file opened in accordance with paragraph 14.152
                (a) the Office-holder in the proceedings;
                (b) the Registrar of Companies or the Financial Services Regulator;
                (c) any person who is a creditor of the Company to which the proceedings relate if that person provides the Court with a statement in writing by him or a person authorised by him confirming that that person is a creditor;
                (d) an officer or former officer of the Company to which the proceedings relate; and
                (e) a member of the Company to which the proceedings relate or a contributory in its winding up.
                14.154. The right to inspect or obtain a copy of any document or documents contained in the file opened in accordance with paragraph 14.152 may be exercised on that person’s behalf by a person authorised to do so by that person.
                14.155. Any person who is not otherwise entitled to inspect or obtain a copy of, or a copy of any document or documents contained in, the file opened in accordance with paragraph 14.152 may do so if that person has the permission of the Court.
                14.156. The Court may, upon an application by the Office-holder or any person appearing to the Court to have an interest, direct that the file, a document (or part of it) or a copy of a document (or part of it) must not be made available under paragraphs 14.153 to 14.154 without the permission of the Court.
                14.157. A request to inspect or obtain a copy of a document or documents under paragraphs 14.153, 14.154 or 14.155 is to be made in accordance with Form INSOLVENCY 12, and that person must pay any prescribed fee. Any request is to be sent by email to registry@adgmcourts.com.
                14.158. An application:
                (a) to inspect the file or obtain a copy of a document under paragraphs 14.153 to 14.155; or
                (b) for a direction under paragraph 14.156,
                may be made without notice to any other party, but the Court may direct that notice shall be given to any person who would be affected by its decision.

              • U. BLOCK TRANSFERS OF CASES WHERE INSOLVENCY PRACTITIONER HAS RETIRED ETC.

                14.159. This Section relates to an application for a block transfer order.
                Power to make a block transfer order
                14.160. This paragraph applies where an individual who is acting as an Office-holder (“the outgoing office-holder”):
                (a) dies;
                (b) retires from practice; or
                (c) is otherwise unable or unwilling to continue in office;
                and it is expedient to transfer some or all of the cases in which the outgoing Office-holder holds office to one or more office-holders (“the replacement Office-holder”) in a single transaction.
                14.161. In a case to which this Section applies the Court has the power to make an order, (“a block transfer order”), appointing a replacement Office-holder in the place of the outgoing Office-holder to be:
                (a) liquidator or provisional liquidator in any winding up;
                (b) receiver or administrative receiver in any receivership;
                (c) administrator in any administration; or
                (d) administrator of a Deed of Company Arrangement.
                14.162. The replacement office-holder must be qualified to act as an insolvency practitioner under the Commercial Licensing Regulations 2015.
                Application for a block transfer order
                14.163. An application to the Court is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2.
                14.164. An application for a block transfer order may be made for:
                (a) the removal of the outgoing Office-holder;
                (b) the appointment of a replacement Office-holder;
                (c) such other order or direction as may be necessary or expedient in connection with any of the matters referred to above.
                14.165. The application may be made by any of the following:
                (a) the outgoing Office-holder (if able and willing to do so);
                (b) any person who holds office jointly with the outgoing Office-holder;
                (c) any person who is proposed to be appointed as the replacement Office-holder;
                (d) any creditor in a case subject to the application;
                (e) the approved insolvency practitioner regulatory body by which the outgoing Office-holder is or was licensed or authorised; or
                (f) the Registrar of Companies or the Financial Services Regulator.
                14.166. An applicant (other than the Registrar of Companies or Financial Services Regulator) must, as applicable, deliver notice of the application to the Registrar of Companies or the Financial Services Regulator at least 5 business days before the hearing of the application.
                14.167. The following must be made a respondent to the application and served by the applicant with it:
                (a) the outgoing Office-holder (if not the applicant or deceased);
                (b) every person who holds office jointly with the outgoing Office-holder;
                (d) such other person as the Court directs.
                14.168. The application must contain a schedule setting out:
                (a) the name of each case;
                (b) the identity of the Court having jurisdiction when the application is made;
                (c) the case number (if any); and
                (d) the capacity in which the outgoing Office-holder was appointed.
                14.169. The application must be supported by witness statement evidence:
                (a) setting out the circumstances as a result of which it was expedient to appoint a replacement Office-holder; and
                (b) exhibiting the written consent to act of each person who is proposed to be appointed as replacement Office-holder.
                Action following application for a block transfer order
                14.170. The Court may in the first instance consider the application without a hearing and make such order as it thinks just.
                14.171. In the first instance, the Court may do any of the following:
                (a) if the documents are considered to be in order and that the matter is considered straightforward, make an order on the substantive application;
                (b) give any directions which are considered to be necessary including (if appropriate) directions for the joinder of any additional respondents or requiring the service of the application on any person or requiring additional evidence to be provided; or
                (c) if an order is not made on the substantive application, give directions for the further consideration of the substantive application by the Court.
                14.172. In deciding to what extent (if any) the costs of making an application under this Section should be paid as an expense of the insolvency proceedings to which the application relates, the factors to which the Court must have regard include:
                (a) the reasons for the making of the application;
                (b) the number of cases to which the application relates;
                (c) the value of assets comprised in those cases; and
                (d) the nature and extent of the costs involved.
                14.173. Any appointment made under this Section must be notified:
                (a) as applicable, to the Registrar of Companies or the Financial Services Regulator as soon as reasonably practicable;
                (b) to the creditors; and
                (c) to such other persons as the Court may direct, in such manner as the Court may direct.

          • ADGM Court Procedure Rules Amendment No 1 Of 2018

            View PDFView PDF

            Date of Enactment: 20 June 2018

            The Chief Justice of Abu Dhabi Global Market Courts, having power under section 187 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015 to make court procedure rules, hereby enacts the following —

            Amendments to ADGM Court Procedure Rules 2016

            The ADGM Court Procedure Rules are amended as follows:

            (1) In Rule 15(1), the words "Notwithstanding this rule, parties may agree for the document which initiates proceedings to be served by email or other means of electronic communication." shall be inserted after the words "relevant practice direction".
            (2) In Rule 77(1), the words "serve on" shall be deleted and replaced by the word "issue" and the word "with" shall be inserted directly after the words "each party".
            (3) In Rule 77(2), the words "and if the circumstances of the case so require," shall be inserted directly after the words "Where there are two or more defendants and at least one of them files a defence," and the word "serve" shall be deleted and replaced by the word "issue".
            (4) In Rule 77(3) the word "served" shall be deleted and replaced by the word "issued".

          • FORMS

            The Practice Directions prescribe the forms to be used for ADGM Courts. Parties and their legal representatives must refer to the relevant Practice Direction when seeking to lodge any particular document with ADGM Courts. Parties must not use any form or template other than those prescribed by ADGM Courts below.

            Forms should be submitted via the ADGM eCourts Platform. Please click here to register.

            Click here to view ADGM Courts Form Fees Reference Table which sets out the fees applicable to each form.

            Court of First Instance
            CFI 1: Claim Form Download CFI 1
            CFI 2: Claim Form (Small Claims) Download CFI 2
            CFI 3: Claim Form (Employment) Download CFI 3
            CFI 4: Claim Form (Judicial Review) Download CFI 4
            CFI 5: Claim Form (Arbitration - Enforcement)1 Download CFI 5
            CFI 6: Claim Form (Rule 30 Procedure) Download CFI 6
            CFI 7: Acknowledgment of Service Download CFI 7
            CFI 7A: Acknowledgment of Service (Judicial Review Claims) Download CFI 7A
            CFI 8: Defence Download CFI 8
            CFI 9: Counterclaim Download CFI 9
            CFI 10: Reply Download CFI 10
            CFI 11: Case Summary (Small Claims) Download CFI 11
            CFI 12: Application Notice Download CFI 12
            CFI 12A: Application Notice (Pre-Claim Interim Remedy) Download CFI 12A
            CFI 13: Redfern Schedule and Disclosure Statement Download CFI 13
            CFI 14: Affidavit Download CFI 14
            CFI 15: Witness Statement Download CFI 15
            CFI 16: Application for Witness Summons Download CFI 16
            CFI 17: Notice of intention to rely on or call certain evidence Download CFI 17
            CFI 18: Notice of Discontinuance* Download CFI 18
            CFI 19: Notice of Appeal to Commercial and Civil Division (Small Claims) Download CFI 19
            CFI 20: Response to Notice of Appeal to Commercial and Civil Division (Small Claims) Download CFI 20
            CFI 21: Part 18 Offer Download CFI 21
            CFI 22: Consent Orders* Download CFI 22
            CFI 23: Notice of Appearance* Download CFI 23
            CFI 24: Application for certified copy of Order or Judgment* Download CFI 24
            CFI 25: Enforcement Application under ADGM Enactment Download CFI 25
            CFI 26: Application for evidence for Courts outside the jurisdiction Download CFI 26
            CFI 27: Claim (Application for registration of recognised Court’s judgment) Download CFI 27
            CFI 28: Claim (Arbitration Claims – Rule 30 Procedure) Download CFI 28
            CFI 29: Claim (Application for registration and enforcement of Judgment of a Court of the United Arab Emirates) Download CFI 29
            CFI 30: Application for deputisation of Judgment of ADGM Courts* Download CFI 30
            CFI 31: Certificate of Service* Download CFI 31
            CFI 32: Notice to Defendant (outside ADGM)* Download CFI 32
            CFI 33: Notice of Change of Representation* Download CFI 33
            CFI 34: Notice of Admission/ Request for time to pay* Download CFI 34
            CFI 35: Application for access to court records* Download CFI 35
            CFI 36: General Form* Download CFI 36
            CFI 37: Draft Order Download CFI 37
            CFI 38: Application to Court of First Instance for Permission to Appeal to Court of Appeal Download CFI 38
            CFI 39: Argument in Support of Application for Permission to Appeal to Court of Appeal Download CFI 39
            CFI 40: Argument in Response to Application for Permission to Appeal to Court of Appeal Download CFI 40
            CFI 41: Argument in Reply in Application for Permission to Appeal to Court of Appeal Download CFI 41
            CFI 42: Notice of Intention of Ceasing to Act* Download CFI 42
            CFI 43: Notice of Ceasing to Act* Download CFI 43
            CFI 44: Claim (Derivative Claims) Download CFI 44
            Court of Appeal
            COA 1: Application to the Court of Appeal for Permission to Appeal Download COA 1
            COA 2: Argument in Support of Application for Permission to Appeal Download COA 2
            COA 3: Argument in Response to Application for Permission to Appeal Download COA 3
            COA 4: Argument in Reply in Application for Permission to Appeal Download COA 4
            COA 5: Notice of Appeal Download COA 5
            COA 6: Acknowledgement of Service (Court of Appeal) Download COA 6
            COA 7: Argument in Support of Appeal Download COA 7
            COA 8: Argument in Response to Appeal Download COA 8
            COA 9: Argument in Reply to Appeal Download COA 9
            COA 10: Application Notice (Court of Appeal) Download COA 10
            COA 11: Draft Order (Court of Appeal) Download COA 11
            COA 12: Witness Statement (Court of Appeal) Download COA 12
            COA 13: Part 18 Offer (Court of Appeal) Download COA 13
            Costs
            COSTS 1: Bill of Costs Download COSTS 1
            COSTS 2: Notice of Dispute (Costs) Download COSTS 2
            COSTS 3: Notice of Dissatisfaction (Costs) Download COSTS 3
            COSTS 4: Application for Review (Costs) Download COSTS 4
            COSTS 5: Notice of Objection (Costs) Download COSTS 5
            COSTS 6: Application for default costs certificate Download COSTS 6
            COSTS 7: Costs Management Form Download COSTS 7
            Insolvency
            INSOLVENCY 1: Administration application Download INSOLVENCY 1
            INSOLVENCY 2: Witness Statement Download INSOLVENCY 2
            INSOLVENCY 3: Certificate of Service Download INSOLVENCY 3
            INSOLVENCY 4: Insolvency Act Application Notice Download INSOLVENCY 4
            INSOLVENCY 5: Winding-up Petition Download INSOLVENCY 5
            INSOLVENCY 6: Verification of the Petition Download INSOLVENCY 6
            INSOLVENCY 7: Notice of Opposition to Winding-Up Petition Download INSOLVENCY 7
            INSOLVENCY 8: Certificate of Compliance Download INSOLVENCY 8
            INSOLVENCY 9: General Form Download INSOLVENCY 9
            INSOLVENCY 10: Notice of persons Intending to appear Download INSOLVENCY 10
            INSOLVENCY 11: List of appearances Download INSOLVENCY 11
            INSOLVENCY 12: Application for access to court records Download INSOLVENCY 12
            INSOLVENCY 13: Notice of Appearance Download INSOLVENCY 13

            • ADGM Court Procedure Rules Amendment No 1 Of 2019

              View PDFView PDF

              Date of Enactment: 25 February 2019

              The Chief Justice of Abu Dhabi Global Market Courts, having power under section 187 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015 to make court procedure rules, hereby enacts the following —

              Amendments to ADGM Court Procedure Rules 2016

              The ADGM Court Procedure Rules are amended as follows:

              (1) In Rule 6(1), ". So," shall replace ", so".
              (2) In Rule 6(2), the words "is 5 days or less and" shall be inserted directly after "Where the specified period".
              (3) In Rule 23(1)(a), the words "and the defendant, although domiciled or resident out of the jurisdiction or the Emirate, is party to an agreement conferring jurisdiction on the Court; or" shall be deleted.
              (4) Rule 23(1)(a), shall be amended so that it reads as follows:
              (a) the Regulations;
              (b) any ADGM enactment other than the Regulations; or
              (c) the ADGM Founding Law,
              notwithstanding that the person against whom the claim is made is not resident or domiciled within the jurisdiction or the facts giving rise to the claim did not occur within the jurisdiction.
              (5) In Rule 42(4), the words ", by giving notice in writing," shall be inserted directly after the words "Where the only remedy which the claimant is seeking is the payment of money, the defendant may also admit".
              (6) A new Rule 42(6) shall be inserted as follows:

              "For the purpose of this Rule, a notice in writing must be provided to the Court and to every other party."
              (7) In Rule 73(4)(b) the words "against the claimant" shall be deleted and replaced by the words "against the defendant".
              (8) In Rule 77(1), the words "/or may" shall be inserted directly after the words "If a defendant files a defence, and if the circumstances of the case so require, a Court officer will issue each party with a notice which will specify any matter to be complied with by the date specified in the notice (the "specified date") and".
              (9) In Rule 79, the heading words "Subsequent stages" shall be deleted and replaced by the words "Case management conference".
              (10) In Rule 79(1), the word "a" directly after the words "The Court will hold" shall be deleted and replaced by the words "an initial", the words "the period in which the trial is to take place as soon as practicable" shall be deleted, and the words "a timetable for the conduct of the case including if possible the appointment of trial dates or provisional trial dates, or, if that is not practicable, fix as much of the pre-trial timetable as possible." shall be inserted at the end of the paragraph.
              (11) A new Rule 79(2) shall be inserted as follows:

              "The Court may, upon the request of a party or on its own initiative, convene a case management conference at any time during the proceedings to facilitate the effective management of the case."
              (12) Rule 79(2) shall be renumbered as 79(3) and shall be amended so that it reads as follows:

              "When the Court fixes the trial dates or provisional trial dates, it will give notice to the parties of those dates and, as appropriate, specify the date by which the parties must file and serve a pre-trial check list."
              (13) Rules 81(1) and 81(2) shall be deleted and replaced with Rule 81(1)(a)(b)(c) as follows:
              "(1) In accordance with the relevant practice direction:
              (a) where they are agreed that the timetable should be adjusted, the parties may jointly seek a variation of any of the dates fixed by the Court under Rule 79;
              (b) failing agreement, and subject to sub-paragraph (c) below, a party may seek a variation of any of the dates fixed by the Court under Rule 79;
              (c) if, failing agreement, a party wishes to seek a variation to any of the dates fixed by the Court under Rule 79 that will affect or have a consequential impact on the dates fixed for a hearing or a trial, that party must make an application to the Court."
              (14) In Rule 82(1), the words "by the date specified in the pre-trial check list" shall be deleted.
              (15) In Rule 82(2), the words "in the relevant practice direction or" shall be inserted directly after the words "Each party must file the completed pre-trial check list by the date specified".
              (16) In Rule 81(3), the word "serve" shall be deleted and be replaced by the words "issue a".
              (17) A new Part 36 shall be inserted as follows:
              "303. Interpretation
              In this part, "court-annexed mediation" means the mediation services provided by ADGM Courts and conducted in accordance with the relevant practice direction.
              304. Referral to mediation
              (1) In accordance with the relevant practice direction, a dispute may be referred to court-annexed mediation:
              (a) voluntarily by all parties to the dispute prior to or after commencement of proceedings; or
              (b) by an order of the Court.
              (2) The Court will expect the parties to have considered whether mediation might enable the settlement of the dispute prior to the commencement of proceedings. Parties should continue to consider the possibility of reaching a settlement at all times, including after commencement of proceedings.
              305. Voluntary referral to mediation

              Parties may refer their dispute to court-annexed mediation prior to the commencement of proceedings, provided that the Court ordinarily would have jurisdiction to hear the dispute if proceedings were to be commenced.
              306. Court-ordered mediation
              (1) If proceedings have been commenced, the parties may be required by the Court to provide evidence that a mediation has been considered or taken place. For the avoidance of doubt, in complying with this Rule the parties will not be required to divulge any information or documentation that was exchanged or discussed on a without prejudice basis within such mediation.
              (2) In accordance with the Court's general powers of management under Rule 8(1), the Court may, on its own initiative or upon the application of any party, make an order referring the dispute or any part of the dispute to court-annexed mediation, where in the opinion of the Court such order appears appropriate.
              (3) Whilst the making of an order referring a dispute to court-annexed mediation is at all times a matter for the discretion of the Court, should the Court make such an order, in the normal course it will do so at the first case management conference unless there is a compelling reason why such an order should not be made at that stage.
              307. Costs

              In exercising its discretion as to costs in the proceedings, the Court may take into account the parties' conduct in relation to any attempt to resolve the dispute by mediation."

            • FEES

              On 16 May 2016 the Board of Directors of Abu Dhabi Global Market determined the fees of ADGM Courts pursuant to Article (6)(14) of Abu Dhabi Law No. (4) of 2013.

              Click here to view the Schedule of Fees of ADGM Courts.

              Click here to view ADGM Courts Form Fees Reference Table which sets out the fees applicable to each form.

            • RULES OF CONDUCT 2016

              Pursuant to a delegation of power from the Board of Directors of Abu Dhabi Global Market to the Chief Justice of Abu Dhabi Global Market Courts under section 228 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, the Chief Justice has made the ADGM Courts Conduct Rules 2016. These Rules came into force on 30 May 2016.

              Click herehere to view the Rules of Conduct 2016.

            • GUIDES

              Procedural Guides

              The information provided in these Guides is to assist parties and legal representatives in the conduct of cases before ADGM Courts. The information is not a substitute for legal advice. Parties and legal representatives must always refer to and comply with the ADGM Court Procedure Rules 2016 and the Practice Directions. The content in the Guides is intended for informational purposes only. ADGM Courts are not providing legal advice by or through the availability of this information.

              Guides
              Guidelines for self-represented Litigants ENGLISHENGLISH
               
              Procedural Flow Chart for Civil and Employment Divisions Claims served within
              ADGM and Abu Dhabi
              ENGLISHENGLISH
               
              Procedural Flow Chart for Civil and Employment Divisions Claims served out of
              ADGM and Abu Dhabi
              ENGLISHENGLISH
               
              Procedural Flow Chart for Small Claims Division Claims served within ADGM and
              Abu Dhabi
              ENGLISHENGLISH
               
              Procedural Flow Chart for Small Claims Division Claims served out of ADGM and
              Abu Dhabi
              ENGLISHENGLISH
               
              Procedural Flow Chart for Enforcement of Judgments of ADGM Courts by Abu
              Dhabi Judicial Department
              ENGLISHENGLISH
               
              Procedural Flow Chart for Commercial and Civil Divisions Claims served out of
              ADGM and Abu Dhabi
              ENGLISHENGLISH
               
              Procedural Flow Chart for Commercial and Civil Divisions Claims served within
              ADGM and Abu Dhabi
              ENGLISHENGLISH
               

              Forms and Fees Guide

              Click hereClick here to view ADGM Courts Form Fees Reference Table which sets out the fees applicable to each form.

            • RULES OF CONDUCT 2016

              Date issued: 30 May 2016

              The Chief Justice of ADGM Courts, acting under a power delegated to him by the Board of Directors of Abu Dhabi Global Market, makes the following rules under section 228 of ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, which may be cited as the Rules of Conduct 2016.

              • 1. Scope and Objective

                (1) The Rules of Conduct of the ADGM Courts ("Rules") apply to lawyers appearing before the ADGM Courts.
                (2) The purpose of these Rules is to assist lawyers to act ethically and in accordance with the principles set out in these Rules.
                (3) Lawyers must comply with the Rules, notwithstanding any provision to the contrary in any rules of conduct to which they are subject in any other jurisdiction in which the lawyers are duly authorised to practise law.
                (4) Failure to comply with these Rules may give rise to sanctions by the Courts in accordance with Rule 10 of these Rules.

              • 2. Interpretations

                (1) In these Rules —
                (a) "ADGM" means the Abu Dhabi Global Market, the financial free zone established by Federal Decree No. (15) of 2013 issued by the President of the United Arab Emirates, as delimited by Resolution No. (4) of 2016 of the Cabinet of the United Arab Emirates and as governed by Law No. (4) of 2013 concerning the Abu Dhabi Global Market;
                (b) "ADGM Courts", "Courts" or "Court" means the Court of First Instance and the Court of Appeal of the Abu Dhabi Global Market;
                (c) "the ADGM Court Procedure Rules" means the ADGM Court Procedure Rules 2016;
                (d) "the ADGM Courts Regulations" means the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015; and
                (e) "lawyer" means a lawyer who is authorised to practice law in any jurisdiction by the body authorized to regulate the admission, licensing and conduct of lawyers in that jurisdiction, and who —
                (i) exercises a right of audience before the Courts as defined in section 219 of the ADGM Courts Regulations; or
                (ii) has conduct of litigation in relation to proceedings in the Courts.

              • 3. Fundamental ethical duties

                (1) Lawyers must have regard to and apply the following fundamental ethical duties that underpin all aspects of their legal practice:
                (a) uphold the rule of law and the proper administration of justice;
                (b) act with honesty, integrity and fairness;
                (c) deliver legal services competently, diligently and as promptly as reasonably possible;
                (d) maintain their independence; and
                (e) act in the best interests of each client.

              • 4. Duties owed to the Courts

                (1) Lawyers shall deal with the Courts and its staff honestly, co-operatively and with civility.
                (2) When dealing with the Courts, lawyers:
                (a) must comply with their duties to the Courts;
                (b) where relevant, must inform the client of the circumstances in which their duties to the Courts outweigh their obligations to the client;
                (c) must comply with Courts' orders which place obligations on them; and
                (d) must not place themselves in contempt of court.
                (3) Lawyers shall not engage in conduct that undermines the dignity and authority of the Courts or which may otherwise result in procedural unfairness.
                (4) Lawyers shall ensure that they are familiar with ADGM laws and ADGM Courts Regulations and Rules as may be relevant to the matter before the Courts.
                (5) Lawyers shall inform the Courts of all relevant case decisions, legal authority, legislative provisions and any procedural irregularity of which they are aware, regardless of whether the effect is favourable or unfavourable to the contention for which they argue.
                (6) Lawyers must not attempt to deceive or knowingly or recklessly mislead the Courts by making incorrect or misleading statements of fact or law to the Courts and shall take all necessary steps to correct any incorrect or misleading statement of fact or law at the earliest opportunity.
                (7) Lawyers must not publish any material concerning proceedings that are active which may prejudice a fair trial or the administration of justice or amount to contempt of court as provided in section 96 of the ADGM Courts Regulations.
                (8) Lawyers must not give an undertaking to the Court, unless they believe that the undertaking is appropriate in all the circumstances and are satisfied, at the time the undertaking is given, that they or their client will be able to honour the undertaking.
                (9) Lawyers shall not conduct proceedings before the Court in any matter in which they have reason to believe they may be a witness, save where any evidence they may give is likely to be purely formal or uncontroversial and it is clear that this will not prejudice the lawyer's independence or the interest of the client or the interest of justice.

              • 5. Communication with the Courts

                (1) Lawyers must not, outside an ex parte application or a hearing of which an opponent has had proper notice, have any communication with the Courts, or with a judge of the Courts, concerning any proceedings —
                (a) which are, or will be, before the Courts; and
                (b) in respect of which the lawyer represents any party or any other interested person.
                (2) If, despite paragraph (1), a lawyer has any ex parte communication with the Courts, or with a judge of the Courts, the lawyer must inform every other party to the proceedings of the communication as soon as possible.

              • 6. Relationship with the Courts or Clients

                (1) A lawyer must not appear before the Courts in any proceedings where —
                (a) by reason of the lawyer's relationship with a judge of the Courts or any individual sitting with the Courts, the impartial administration of justice may appear to be prejudiced; or
                (b) by reason of the lawyer's relationship with a client, it will be difficult for the lawyer to maintain the professional independence of the lawyer.
                (2) Where sub-paragraph (a) or (b) of paragraph (1) applies, the lawyer must notify the Courts of the relationship referred to in the applicable sub-paragraph, and cease to participate in the whole, or such part, of the proceedings as the Courts may direct.

              • 7. Duties owed to the Courts and Clients

                (1) Lawyers must act in the best interests of each client and represent each client's case in a manner that is consistent with the proper administration of justice.
                (2) Lawyers who represent clients before the Courts must:
                (a) at the earliest opportunity, inform the Courts and every other party to the proceedings of their identity and that they represent the client; and
                (b) promptly inform the Courts and every other party to the proceedings of any change in such representation.
                (3) When acting for a client in any proceedings before the Courts, lawyers —
                (a) must not express their personal opinion of the client's conduct or allow their personal feelings to affect their duty to the Courts;
                (b) not knowingly or recklessly advance any submission, opinion or proposition which they know or ought to reasonably know, is contrary to the law; and
                (c) must disclose to the Courts every relevant fact, item of evidence, item of information or other matter which they are required by law to disclose to the Courts.
                (4) Lawyers shall not agree to act for a client in any proceedings before the Courts where a client's best interests may conflict with their or their law firms' own interests in the same or related proceedings.
                (5) Lawyers shall not seek to prolong court proceedings unnecessarily, nor shall they undertake work in a manner which improperly increases their fees.
                (6) Lawyers shall keep information communicated to them by their client confidential unless such disclosure is authorised by the client, ordered by the Courts or required by law.

              • 8. Duties owed to other lawyers

                (1) Lawyers shall deal with each other honestly, co-operatively and with civility.
                (2) Unless otherwise permitted or required by law, a lawyer to whom confidential information is disclosed by another lawyer, or by some other person and who is aware that the disclosure was inadvertent must not use the information.
                (3) A lawyer must not deal directly with the client of another lawyer, unless
                (a) the other lawyer has consented;
                (b) the communication is a notice which by law or contract must be personally served on the other Lawyer's client;
                (c) the interests of the party with which it is intended to communicate will be prejudiced if the communication is delayed.

              • 9. Duty to rectify breaches

                (1) Where a lawyer has unknowingly breached any provision of these Rules, and the lawyer subsequently becomes aware of the breach, the lawyer must —
                (a) disclose the breach to the Court; and
                (b) take reasonable steps to rectify the breach.

              • 10. Sanctions for breaches

                The Court may sanction a lawyer who has knowingly and intentionally breached any provision of these Rules by making an order under Rule 203 of the ADGM Court Procedure Rules.

            • ADGM Court Procedure Amendment No 1 Of 2020

              View PDF

              Date of Enactment: 9 July 2020

              The Chief Justice of Abu Dhabi Global Market Courts, having power under section 187 of the ADGM
              Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015
              to make
              court procedure rules, hereby enacts the following –

              Amendments to ADGM Court Procedure Rules 2016

              The ADGM Court Procedure Rules are amended as follows:

              (1) In Rule 3(1)(j) the words “, as amended by Law No. (12) of 2020” shall be inserted directly after the words “”ADGM Founding Law” means Law No. (4) of 2013 concerning the Abu Dhabi Global Market,”
              (2) A new Rule 3(1)(j) shall be inserted as follows:
              ““claim form” means any document which initiates proceedings;”.
              (3) A new Rule 3(1)(p)
              ““eCourts Platform” means the ADGM Courts electronic filing and case management systems;”
              (4) A new Rule 3(1)(bb) shall be inserted as follows:
              ““person” means any natural or legal person as the context requires;”.
              (5) In Rule 10(2) the words “or is determined by the Board pursuant to Article 6 of the ADGM Founding Law,” shall be inserted directly after the word “Regulations,”.
              (6) In Rule 14(2) the words “Subject to any relevant practice direction, a” shall be inserted at the beginning of the Rule.
              (7) Part 4 – Service of Documents, shall be deleted and replaced with the following:
              15. “Methods of service
              (1) This Part applies to the service of documents except where any rule, practice direction or other ADGM enactment or a Court order requires that a document, including a claim form, must be served by any other method.
              Methods of service – claim form
              (2) It is the responsibility of the claimant to serve the claim form on all other parties to the proceedings.
              (3) Subject to paragraphs (4) to (7) below, a claim form may be served –
              (a) by personal service on an individual in accordance with Rule 16;
              (b) on a company, partnership or any other entity in accordance with Rule 16A;
              (c) by email or other means of electronic communication in accordance with Rule 16B;
              (d) by serving it at a place specified in Rule 17;
              (e) by any other method authorised by the Court under Rule 19; or
              (f) by any other method agreed to by the parties.
              Methods of service – outside the jurisdiction
              (4) A claim form may be served outside the jurisdiction in accordance with Rules 24 and 25.
              (5) Permission to serve a claim form outside the jurisdiction is not required, but it is the responsibility of the claimant to ensure that he complies with the rules regarding service of the place where he is seeking to effect service.
              (6) Where a claim form is to be served outside the jurisdiction, it may be served by any method permitted by an applicable treaty or convention or the law of the place in which it is to be served.
              (7) Nothing in these Rules or any practice direction or Court order shall authorise or require any person to do anything in the place where the claim form is to be served which is against the law of that place.
              Methods of service - other documents
              (8) Subject to Rule 15(1):
              (a) where a person to be served has access to the eCourts Platform (including through a legal representative), all documents shall be served on that person through the eCourts Platform; and
              (b) where a person to be served does not have access to the eCourts Platform (including through a legal representative), a document other than a claim form may be served on that person under this Part as if the document were a claim form.
              16. Personal service on an individual
              (1) A claim form is served personally on an individual by leaving it with that individual –
              (a) at his place of residence;
              (b) at his workplace; or
              (c) in any other location, provided the individual physically receives the document.
              Personal service on individual - place of residence
              (2) In relation to Rule 16(1)(a) −
              (a) if the individual to be served refuses to receive the document and the person serving the document:
              (i) informs the individual of the nature of the document; and
              (ii) leaves the document in the individual’s presence,
              the document is deemed to have been served on the individual at the time of the refusal;
              (b) if the individual to be served is not able to be located at his place of residence at the time of service, the server may leave the document with a person at that place provided that the person who receives the document:
              (i) is, or appears to be, over the age of 18;
              (ii) is told of the nature of the document by the server; and
              (iii) agrees to pass the document onto the individual to be served;
              (c) if:
              (i) a person refuses to receive the document under Rule 16(2)(b); or
              (ii) the server has attended the individual’s place of residence on at least two separate occasions and can find no one at the individual’s residence to whom the document validly can be left, then on the second or any subsequent occasion,
              the server may affix the document clearly on the door or gate of the residence.
              (3) For the purpose of Rules 16(2)(b) and (c), the claim form shall only be deemed to have been served on the individual when the claimant sends an email or mobile text message (SMS) (or like messaging) to the individual informing them of the arrangements that have been made to serve the document.
              Personal service on individual – workplace
              (4) In relation to Rule 16(1)(b) −
              (a) if the individual to be served refuses to receive the document and the person serving the document:
              (i) informs the individual of the nature of the document; and
              (ii) leaves the document in the individual’s presence,
              the document is deemed to have been served on the individual at the time of the refusal;
              (b) if the individual to be served is not able to be located at his workplace at the time of service, the server may leave the document with a member of management or a co-worker provided that the member of management or co-worker who receives the document:
              (i) is, or appears to be, over the age of 18;
              (ii) is told of the nature of the document by the server; and
              (iii) agrees to pass the document onto the individual to be served;
              (c) if:
              (i) a member of management or a co-worker refuses to receive the document under Rule 16(4)(b); or
              (ii) the server has attended the individual’s workplace on at least two separate occasions and can find no one at the individual’s workplace with whom the document validly can be left, then on the second or any subsequent occasion,
              the server may affix the document clearly on the door or gate of the individual’s workplace.
              (5) For the purpose of Rules 16(4)(b) and (c), the claim form shall only be deemed to have been served on the individual when the claimant sends an email or mobile text message (SMS) (or like messaging) to the individual informing them of the arrangements that have been made to serve the document.
              Personal service on individual – general provision
              (6) Where a claimant has reason to believe that an address of the individual to be served is an address at which that individual no longer resides or works, the claimant must take reasonable steps to ascertain the address of the individual’s current residence or workplace.
              16A. Service on a company, partnership or any other entity
              (1) A claim form is served on a company by:
              (a) leaving it at, or sending it by post to, the company’s registered office or any place of business of the company which has a real connection with the claim; or
              (b) any other method permitted under this Part.
              (2) A claim form is served on a partnership by:
              (a) leaving it at, or sending it by post, to the partnership’s registered office or any place of business of the company which has a real connection with the claim; or
              (b) any other method permitted under this Part.
              (3) A claim form is served on any other entity by:
              (a) leaving it at, or sending it by post, to the entity’s registered office or any place of business of the company which has a real connection with the claim; or
              (b) any other method permitted under this Part.
              16B. Service by email or other means of electronic communication
              (1) A claim form may be served electronically.
              (2) In this Rule, “notice” has the meaning ascribed to it in the relevant practice direction.
              (3) A claim form is served electronically on a person −
              (a) by email, provided that it must be shown that the email account to which the document is sent belongs to the person to be served and is still accessed by that person;
              (b) by mobile text message (SMS) (or like messaging), provided that it must be shown that the mobile number to which the document, or notice of the document, is sent belongs to the person to be served and is still accessed by that person; or
              (c) by email or mobile text message (SMS) (or like messaging) to a lawyer nominated by the person to be served as authorised to accept service.
              (4) In relation to Rule 16B(3), a record or copy of the email, mobile text message (SMS) (or like messaging), including any confirmation of delivery or confirmation of receipt (as the case may be), must be included with the certificate of service filed pursuant to Rule 21.
              17. Places for service of the claim form
              Service on lawyer
              (1) Where a person or a lawyer acting for that person has given in writing an address of the lawyer at which that person may be served with a claim form, the claim form must be served at the address of that lawyer.
              Specified address for service
              (2) A person may be served with the claim form by leaving it at any address which that person has given for the purpose of being served.
              Service of the claim form by contractually agreed method
              (3) Where a contract contains a term providing that, in the event of a claim being commenced in relation to a dispute under the contract, the claim form may be served by a method or at a place or on a person specified in the contract (including on an agent or principal), the claim form may be served by the method or at the place or on the person specified in the contract.
              Proceedings against ADGM and Authorities
              (4) For the purpose of proceedings to which:
              (a) ADGM;
              (b) ADGM Registration Authority; or
              (c) ADGM Financial Services Regulatory Authority,
              is a party, a claim form must be served by email in accordance with the relevant practice direction.
              18. Deemed time of service
              (1) A claim form served in accordance with this Part is deemed to be served as follows –
              (a) by personal service, if served personally before 4 pm, on that day; or in any other case, on the next day after that day;
              (b) by delivering it to or leaving it at a permitted address, if it is delivered to or left at the permitted address before 4 pm, on that day; or in any other case, on the next day after that day;
              (c) by email, if the email is sent before 4 pm, on that day; or in any other case, on the next day after that day; or
              (d) by mobile text message (SMS) (or like messaging) on the first day after the SMS (or like messaging) was sent.
              19. Service of documents by an alternative method or at an alternative place
              (1) Where it appears to the Court that there is a good reason to authorise service of the claim form or any other document by a method or at a place not otherwise permitted by this Part, the Court may make an order permitting service by an alternative method or at an alternative place.
              (2) On an application under this Rule, the Court may order that steps already taken to bring the claim form or any other document to a person’s attention by an alternative method or at an alternative place is effective service.
              (3) An application under this Rule must be supported by evidence, and may be made without notice to the other party.
              20. Power of the Court to dispense with service
              (1) The Court may dispense with service of a document, including a claim form, in exceptional circumstances.
              (2) An application for an order under Rule 20(1) may be made at any time.
              21. Certificate of service
              (1) The claimant must file a certificate of service within 21 days of service of the claim form, unless all other parties to the proceedings have filed acknowledgments of service within that time, and may not obtain judgment in default under Rule 39 unless a certificate of service has been filed.
              (2) The certificate of service must give details of the person served, the method of service used, the rule pursuant to which service was effected, and must state the date on which the claim form was served and it must contain sufficient detail to demonstrate that service was effected in accordance with the rule relied upon.
              22. Address for service to be given after proceedings are started
              (1) A party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a current email address and mobile telephone number unless the Court orders otherwise.
              (2) Except where any other rule or relevant practice direction makes different provision, a party’s address for service must be –
              (a) an address of a lawyer acting for the party to be served;
              (b) an address of a lawyer nominated to accept service of documents; or
              (c) where there is no lawyer acting for the party or no lawyer nominated to accept service of documents, an address of the party.
              (3) Subject to Rule 15(1), service of all documents, except a claim form, will be effected on all parties who have appeared in the case by the Court’s acceptance of the document and its appearance on the Court file via the ADGM eCourts Platform. Once the document appears on the Court file, all other parties to the proceedings will be notified by email or text message at the address provided for those parties under Rule 22(2). No other means of service is required of the parties, except as may be ordered otherwise by the Court.
              23. Notification of change of address
              Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the Court and to every other party.
              24. Service of the claim form and other documents out of the Jurisdiction
              (1) The claimant may, in accordance with this Part, serve the claim form on a person out of the jurisdiction where each claim made against the person to be served and included in the claim form is a claim which the Court has power to determine under –
              (a) the Regulations;
              (b) any ADGM enactment other than the Regulations; or
              (c) the ADGM Founding Law,
              notwithstanding that the person against whom the claim is made is not resident or domiciled within the jurisdiction or the facts giving rise to the claim did not occur within the jurisdiction.
              (2) A person served outside the jurisdiction who wishes to dispute the Court’s jurisdiction to try the claim, or who wishes to argue that the Court should not exercise its jurisdiction, must do so in accordance with Rule 38.
              25. Notice of statement of grounds
              (1) Where the claimant intends to serve a claim form on a person under Rule 24 –
              (a) the claimant must file with the claim form a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction and must serve a copy of that notice with the claim form; and
              (b) the claim form may only be served once the claimant files the notice referred to in Rule 25(1)(a).
              (2) The notice referred to in Rule 25(1)(a) need only be filed in respect of the claim form, and the claimant may serve any other documents in the proceedings out of the jurisdiction without such a notice.
              26. Service of documents from Foreign Courts or Tribunals
              (1) This Rule applies to the service in the jurisdiction of any document in connection with civil or commercial proceedings in a foreign court or tribunal.
              (2) In this Rule –
              (a) “foreign court or tribunal” means a court or tribunal outside the jurisdiction;
              (b) “GCC Convention” means the 1996 Gulf Cooperation Council Convention for the Execution of Judgments, Delegations and Judicial Notifications; and
              (c) “Riyadh Convention” means the 1983 Riyadh Arab Agreement for Judicial Cooperation.
              (3) The Registrar will serve a document to which this Rule applies upon receipt of a written request for service –
              (a) where the foreign court or tribunal is in a GCC Convention country, from the competent judicial authority or employee of that country;
              (b) where the foreign court or tribunal is in a Riyadh Convention country, from the judicial body or officer concerned of that country;
              (c) where the foreign court or tribunal is in any other country, from a consular or other authority of that country; or
              (d) from the Chairman of the Board, with a recommendation that service should be effected.
              (4) Unless the foreign court or tribunal certifies that the person to be served understands the language of the document to be served, the Registrar must be provided before service with two copies of a translation of the document into English.
              (5) Where service of a document has been effected by a third party, the third party must send to the Registrar a copy of the document, together with proof of service or a statement why the document could not be served and, if the Registrar directs, specify the costs incurred in serving or attempting to serve the document.
              (6) The Registrar will send to the person who requested service a copy of the document together with a certificate, sealed with the seal of the ADGM Courts for use out of the jurisdiction, stating when and how the document was served or the reason why it has not been served and, where appropriate, an amount certified to be the costs of serving or attempting to serve the document.
              (8) In Rule 28(1) the words “or the Emirate” shall be deleted.
              (9) In Rule 28(2) the words “or the Emirate” shall be deleted and “Rule 24” shall replace the words “Rule 23”.
              (10) In Rule 38(4) the words “filing and serving the acknowledgement of service” shall be deleted and replaced by the words “being served with the claim”.
              (11) A new Rule 39(3) shall be inserted as follows:
              (3) Judgment in default of a defence may be obtained where the defendant has filed and served –
              (a) an acknowledgement of service but at the date on which judgment is entered a defence has not been filed and served; or
              (b) a counterclaim where at the date on which judgment is entered a defence has not been filed and served,
              and, in either case, the relevant time limit for doing so has expired.
              (12) In Rule 43(3) the words “together with a copy of the defendant’s admission and request for time to pay” shall be deleted.
              (13) In Rule 45(1) the words “Subject to any relevant practice direction” shall be inserted before the words “a claimant wishes to file a reply to the defence,”.
              (14) A new Rule 51(4) shall be inserted as follows:
              “For the purpose of this Rule, an “additional claim” includes:
                 (a) a claim made by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy but excludes a counterclaim made under Rule 50; and
                 (b) where an additional claim has been made against a person who is not already a party, any additional claim made by that person against any other person (whether or not already a party).”
              (15) In Rule 64(1) the words “and a draft of the order which the applicant is seeking from the Court” shall be deleted.
              (16) In Rule 64(5) the comma after “Applications notices” shall be deleted and replaced by the word “and” and the words “and the draft order” shall be deleted.
              (17) Rule 77 shall be deleted and replaced with the following:
              “77. Directions
              (1) If the defendant has filed a defence, or if there are two or more defendants, at least one of them has done so and the time for filing and serving the other defence or defences has expired, the Court may give directions for the management of the case, and may if the Court officer sees fit direct the parties, or one or more of them, to complete, file and serve on the other party or parties a directions questionnaire or proposed case management directions or both.
              (2) Where a Court has given directions under paragraph (1), the parties may not by agreement vary them (as to the date by which any direction is to be complied with or otherwise).
              (3) If a party does not comply with a direction under paragraph (1), the Court may make such order as it considers appropriate.
              (4) Where the Court makes an order under paragraph (3), a party who was in default will not normally be entitled to an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the Court thinks it unjust to do so, be ordered to pay the costs that the default caused to any other party.”
              (18) In Rule 79(3) the words “and, as appropriate, specify the date by which the parties must file and serve a pre-trial checklist” shall be deleted.
              (19) In Rule 81 subparagraphs (a), (b) and (c) the words “Rule 79” shall be replaced by the words “Rules 79 and 80”.
              (20) In Rule 86(3) the word “another” shall be deleted and replaced by the word “a” before the word “party”.
              (21) In the title of Rule 88 the words “person not a” shall be deleted and replaced by the word “non” before the word “party”.
              (22) In Rule 98(2) the words “its” shall be deleted and replaced by the words “a certified English” before the words “translation with the Court”.
              (23) Rule 98(3) shall be deleted.
              (24) Rule 104(4) shall be amended as follows:
              “An affidavit must include a statement which verifies the identity of the deponent and be signed by the person before whom it was sworn or affirmed.”
              (25) In Rule 104(5) the words “sworn or” shall be inserted before the word “affirmed”.
              (26) Rule 105(2) shall be deleted.
              (27) In Rule 106(1) the word “its” shall be deleted and replaced by the words “a certified” and the words “The translator must make and file with the Court an affidavit verifying the translation and exhibiting both the translation and a copy of the foreign language affidavit” shall be deleted.
              (28) In Rule 108(1) the words “sworn or” shall be inserted directly after the words “Affidavits must be used as evidence where”.
              (29) In Rule 108(3) the words “sworn or” shall be inserted directly after the words “If a party believes that”.
              (30) Rule 117 shall be deleted and replaced with the following:
              117. Evidence on a question of foreign law
              (1) A person who is suitably qualified on account of his knowledge or experience is competent to give expert evidence as to the law of any jurisdiction outside Abu Dhabi Global Market irrespective of whether he has acted or is entitled to act as a legal practitioner there.
              (2) The Court may give directions that questions of foreign law are to be dealt with by legal submissions.
              (3) Where a party intends to put in evidence of a finding on a question of foreign law, that party must give all other parties notice of his intention in accordance with the relevant practice direction, and the notice must specify the question on which the finding was made and enclose a copy of a document where it is reported or recorded.
              (31) In Rule 122(2) the words “the United Arab Emirates” shall replace the words “ADGM”.
              (32) In Rule 123(3) the words “an inferior court,” shall be deleted and replaced by the word “or”.
              (33) The title of Part 16 shall be amended so that it reads “Part 16 – Evidence for and from other judicial authorities”.
              (34) Rule 130(6) shall be amended so that it reads as follows:
              (6) If the Court makes an order for the issue of a letter of request, the party who sought the order must provide –
              (a) an undertaking to be responsible for any costs or expenses sought by the requested court; and
              (b) an undertaking to be responsible for any costs or expenses of the Court.
              (35) In Rule 131(1) the word “another” shall be deleted and replaced by the word “a”.
              (36) Rule 134 shall be amended to read as follows:
              Dealing with deposition
              (1) The examiner must send the deposition to the Registrar unless the Court orders otherwise.
              (2) The Registrar will issue a letter to the foreign court attaching the following documents –
              (a) the request;
              (b) the foreign assistance order of the Court for examination; and
              (c) the deposition.
              (3) The Registrar will provide a copy of the letter referred to in paragraph (2) to the person who applied for the foreign assistance order.
              (37) Rule 137 shall be amended to read as follows:
              Where a person to be examined is outside the jurisdiction but in another Convention State
              (1) This Rule applies where a party wishes to take a deposition from a person who is outside the jurisdiction but in a Convention State.
              (2) The Court may order the issue of a letter of request –
              (a) in the case of the GCC Convention, to the competent authority; or
              (b) in the case of the Riyadh Convention, to the competent body (“the requested court”) in the Convention State in which the proposed deponent is; or.
              (c) to a competent authority outside the jurisdiction but within the United Arab Emirates.
              (3) If the Court makes an order for the issue of a letter of request, the party who sought the order must provide –
              (a) an undertaking to be responsible for any costs or expenses sought by the requested court; and
              (b) an undertaking to be responsible for any costs or expenses of the Court.
              (38) Rule 138 shall be amended to read as follows:
              Evidence for courts outside the jurisdiction but in a Convention State
              (1) This Rule applies where –
              (a) in the case of the GCC Convention, a competent authority;
              (b) in the case of the Riyadh Convention, a competent body in another Convention State (“the requesting court”); or
              (c) a competent authority outside the jurisdiction but within the United Arab Emirates,
              issues a request for evidence to be taken from a person who is in the jurisdiction.
              (2) An application for an order for evidence to be taken under this Rule must be made to the Court of First Instance and must be accompanied by the documents set out in any relevant practice direction.
              (3) An application for an order for evidence to be taken under this Rule may be made without notice.
              (4) Rule 133 applies to an examination under this Rule.
              (5) Rule 134 applies to dealing with the deposition.
              (39) In Rule 154(2) the words “defendant will be liable for the claimant’s costs in accordance with paragraphs (1) to (4) of Rule 161 if the offer is to be accepted,” shall be deleted and replaced by the words “offer can be accepted, the consequences of the offer being accepted as set out in Rule 161,”.
              (40) Rule 160(2) shall be deleted and replaced by the following:
              “Without the permission of the Court, a claimant may accept a Part 18 offer made by one or more, but not all, defendants only if the offer relates to claims made against only those defendants and no other.”
              (41) In Rule 173(1) the words “(2), (3) and (4)” shall be deleted.
              (42) The title of Rule 175 “Representations at trial of companies or other corporations” shall be deleted and replaced by the title “Rights of audience before the Court”.
              (43) A new Rule 175(a) shall be inserted as follows:
              “A litigant in person who is a natural person shall have a right of audience before the Court.”
              (44) Rule 175 shall be renumbered as 175(b) and shall be amended so that it reads as follows:
              “Without limiting Section 219(b) of the Regulations, a company or other corporation may be represented at any hearing by an employee if the employee has been authorised by the company or corporation to appear at the hearing on its behalf and the Court gives permission.”
              (45) The title of Rule 177 “Drawing up judgments and orders” shall be deleted and replaced by the title “Effective date of judgments and orders”.
              (46) Rule 177(1) shall be deleted and the numbering shall be deleted from current Rule 177(2).
              (47) Rule 178(1) shall be deleted, Rule 178(2) shall be renumbered 178(1) and Rule 178(3) shall be renumbered 178(2).
              (48) Renumbered Rule 178(1) shall be amended so that it reads as follows:
              “Once a judgment or order has been sealed, it shall be made available to the parties via the eCourts Platform except where any rule, practice direction or other ADGM enactment or a Court order requires the judgment or order to be served by a different method.”
              (49) Renumbered Rule 178(2) shall be amended so that it reads as follows:
              “Unless the Court directs otherwise, a default judgment obtained under Rule 39 shall be served by the claimant on all other parties to the proceedings within 14 days of the date that the default judgment was made.”
              (50) In the title of Rule 179, the words “debt, damages and” shall be inserted directly after “Interest on”. New paragraph numbers (1) and (2) shall be inserted and a new paragraph (2) shall be inserted as follows:
              “When interest is payable on all or any part of a debt or damages pursuant to section 39 of the Regulations, the interest shall be at the rate of interest by reference to section 8 of the Regulations as that section has effect from time to time or by reference to a rate for which any other ADGM enactment provides.”
              (51) In the title of Rule 182 the words “judgments and” shall be deleted.
              (52) Rule 182(1) shall be amended so that it reads as follows “The parties may agree the terms in which an order may be made by the Court.”
              (53) Rule 182(2) shall be amended so that it reads as follows “The Court may make, refuse or vary the order sought by the parties.”
              (54) Rules 182(3), 182(4) and 182(5) shall be deleted.
              (55) In Rule 190 the word “business” shall be deleted.
              (56) The title of Rule 192 “Order that a lawyer has ceased to act” shall be deleted and replaced by the words “Withdrawal of lawyer”.
              (57) Rule 192(1) shall be amended so that it reads as follows:
              “A lawyer who ceases to act for a party in any proceedings may file notice of the change and serve the notice on the other parties.”
              (58) Rule 192(2) shall be amended so that it reads as follows:
              “Except by leave of the court, a lawyer may not file or serve notice of the change unless he has filed and served on the client a notice of intention to file and serve the notice of change:
              (a) in the case of proceedings for which a date for trial has been fixed, at least 28 days before doing so, or
              (b) in any other case, at least 7 days before doing so.”
              (59) A new Rule 192(3) shall be inserted as follows:
              “Unless notice of the change is filed with the leave on the Court, a lawyer filing such a notice must include in the notice a statement as to the date on which service of the notice of intention required by section 192(2) was effected.”
              (60) A new Rule 192(4) shall be inserted as follows:
              “Any application for leave of the Court made under this Rule is to be made in accordance with the relevant practice direction.”
              (61) Rule 197(3) shall be deleted.
              (62) In Rule 205 the words “Commercial and” shall be inserted before the words “Civil Division” in paragraphs (1), (2), (5), (6) and (8), the words “or order” shall be inserted after the word “judgment” in paragraphs (1) and (2) and the words “interlocutory” shall be deleted and replaced by the words “case management or interim”.
              (63) Rules 206, 207 and 208 shall be deleted and replaced with the following:
              206. Appeals from the Court of First Instance (except for the Small Claims Division) to the Court of Appeal – permission to appeal
              (1) An appellant requires permission to appeal from an order or judgment of a Judge in the Court of First Instance to the Court of Appeal.
              (2) An application for permission to appeal must, in accordance with the relevant practice direction, be made in the form of an application notice and written argument in support, and
              (c) if the application for permission to appeal relates to a case management or interim order, be made to the Court of Appeal within 7 days of the date when the order to be appealed was made;
              (d) if the application for permission to appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, be made to the Court of Appeal within 10 days of the date when the order to be appealed was made;
              (e) in any other case, be made to the Court of First Instance of the Court of Appeal within 21 days after the date when the order or judgment to be appealed was made.
              (3) Where the Court of First Instance refuses an application for permission to appeal under Rule 206(2)(c) a further application for permission to appeal may be made to the Court of Appeal within 7 days of the date of the refusal.
              (4) There must be filed with the application notice a copy of the order or judgment appealed from and a copy of any order refusing permission to appeal to the Court of Appeal.
              207. Objection by respondent to application for permission to appeal
              (1) A respondent who wishes to object to an application for permission to appeal to the Court of Appeal must, in accordance with the relevant practice direction, file and serve on the applicant and all other parties to the application a written argument in response to the application:
              (a) if the application for permission to appeal relates to a case management or interim order, within 7 days of the respondent being served with the application notice and written argument in support;
              (b) if the application for permission to appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 10 days of the respondent being served with the application notice and written argument in support;
              (c) in any other case, within 21 days of the respondent being served with the application notice and written argument in support.
              (2) A respondent who does not file and serve a written argument in response will not be permitted to participate in the application and will not be given notice of its progress.
              208. Determination of application for permission to appeal
              (1) Applications for permission to appeal, will ordinarily be decided by the Court on the papers without an oral hearing.
              (2) The Court may grant or refuse permission to advance all or any of the grounds of appeal or invite the parties to file written submissions within 14 days as to the grant of permission on terms.
              (3) Where the Court has invited the parties’ submissions as to terms, it shall reconsider the application without a hearing and may refuse permission or grant permission, either unconditionally or on terms, to advance all or any of the grounds of appeal.
              (4) Permission to appeal may be given only where the Court considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard.
              (5) An order giving permission to appeal may limit the issues to be heard and be made subject to conditions.
              (64) Rule 209 shall be deleted and replaced with the following:
              209. Appeals before Court of Appeal
              (1) If permission to appeal is given, the appellant must, in accordance with the relevant practice direction, file and serve a notice of appeal within 7 days of the order granting permission to appeal.
              (2) The appellant must, in accordance with the relevant practice direction, file and serve its written argument in support of the appeal:
              (a) if the appeal relates to a case management or interim order, at the same time as the appellant files and serves its notice of appeal;
              (b) if the appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 14 days of filing its notice of appeal;
              (c) in any other case, within 21 days of filing its notice of appeal.
              209A. Objection by respondent to appeal
              (1) Other than in respect of an appeal that relates to a case management or interim order, a respondent who wishes to object to an appeal must, in accordance with the relevant practice direction, file and serve an acknowledgment of service on the applicant and all other parties to the appeal within 7 days of being served with the appellant’s written argument in support of the appeal.
              (2) A respondent who wishes to object to an appeal must, in accordance with the relevant practice direction, file and serve on the applicant and all other parties to the appeal a written argument in response to the appeal:
              (a) if the appeal relates to a case management or interim order, within 7 days of the respondent being served with the appellant’s written argument in support of the appeal;
              (b) if the appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 14 days of the respondent being served with the appellant’s written argument in support of the appeal;
              (c) in any other case, within 21 days of the respondent being served with the appellant’s written argument in support of the appeal.
              209B. Reply to objection by respondent
              If the respondent has filed and served a written argument in response to the appeal, or if there are two or more respondents and at least one of them has done so, and the time for filing and serving any other written argument or arguments has expired, an appellant may, in accordance with the relevant practice direction, file and serve a written argument in reply:
              (a) if the appeal relates to a case management or interim order, within 5 days;
              (b) if the appeal relates to an order from the Court of First Instance refusing permission to apply for judicial review, within 7 days;
              (c) in any other case, within 14 days.
              209C. Hearing of the appeal
              (1) Every contested appeal before the Court of Appeal shall be heard in open Court except:
              (a) where it is necessary in the interests of justice or in the public interest for the Court to sit in private or to conduct the hearing by video link; or
              (b) where the Court considers that the appeal can be fairly determined on the papers without an oral hearing and, in all the circumstances of the case, it would be appropriate to do so.
              (2) Hearings shall be conducted in accordance with the relevant practice direction.
              (3) The Court may give directions to limit any oral submissions to a specified duration.
              (65) Rule 212(2) shall be amended so that it reads as follows:
              “Any appellant who wishes to obtain a stay of execution of the judgment or order appealed from must:
              (a) seek it from the Court of First Instance where an application for permission to appeal has been filed with that Court and the application has not yet been determined;
              (b) in all other cases, seek it from the Court of Appeal
              and only in wholly exceptional circumstances will the Court grant a stay.”
              (66) Rule 226(1) shall be amended so that it reads as follows:
              “The order giving or refusing permission to proceed with the claim for judicial review, any certificate (if not included in the order) that permission has been granted for reasons of exceptional public interest in accordance with section 20(4) of the Regulations and any directions shall be served on the claimant, the defendant and any other person who filed an acknowledgment of service in accordance with Rule 178(1) unless that Court makes an order requiring a different method of service.”
              (67) In Rule 231(2) the words “Except for a claim made under Section 232,” shall be inserted at the beginning of the paragraph.
              (68) In the title of Rule 232 the words “Recognition or” shall be inserted before the word “Enforcement”.
              (69) In Rule 232(1) the words “recognise or” shall be inserted directly after the words “An application under section 56 of the Arbitration Regulations to”.
              (70) In Rule 232(4) the words “or the Emirate” shall be deleted.
              (71) In Rule 232(5) the words “recognise or” shall be inserted directly after “Where the applicant applies to”.
              (72) In Rule 233(1) the words “recognition or” shall be inserted directly after “An application for”.
              (73) In Rule 233(2) the words “recognise or” shall be inserted directly after “sought to” in the third line.
              (74) Rule 234(1) shall be amended so that it reads as follows:
              “An order recognising, or giving permission to enforce, an award must be served on the defendant by the claimant in accordance with Part 4 of these Rules.
              (75) In Rule 235(1) the words “to enforce” shall be deleted and replaced by the words “an order for the recognition or enforcement of”, directly after the words “Where an applicant seeks”.
              (76) In Rule 235(2) the reference to “section 55” shall be replaced with “section 56”.
              (77) In Rule 249(1) the word “court” shall be deleted.
              (78) A new Rule 253(4) shall be inserted as follows:
              “The Court may direct that a person who is required to provide information under Rule 253(1) to file and serve an affidavit containing such information no less than 7 days before his attendance is required at Court.”
              (79) In Rule 265(1) the words “upon the application of a judgment creditor,” shall be deleted.
              (80) In Rule 266(4) the words “At the hearing,” shall be deleted and replaced by the words “If it has not already done so, the Court may fix a hearing, at which”.
              (81) In Rule 272(3)(a) the word “on” shall be inserted before the words “that body”.
              (82) In Rules 272(3)(b) and 272(3)(c) the word “on” shall be inserted before the words “the keeper of that register”.
              (83) Rule 272(3)(d) shall be deleted.
              (84) In Rule 293 the words “or by the Chief Justice” in the last line shall be deleted.
              (85) In the title of Part 34 – Reciprocal Recognition and Enforcement of Judgments of Other Jurisdictions, the words “Other Jurisdictions” should be deleted and replaced by the words “Recognised Courts”.
              (86) In Rule 298(3) the words “an affidavit” shall be replaced by the words “written evidence”.
              (87) In Rule 300 the words “Rule 15” shall be replaced by the words “Part 4”.