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.