• 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) This Rule does not apply to a claim form filed in the Small Claims Division to which Part 37 applies or to a claim form filed in the Employment Division to which Part 38 applies.
      (2) Where the claim form is served within the jurisdiction, the claimant must complete the step required in relation to the particular method of service chosen before 12 noon on the calendar day 4 months after the date of issue of the claim form.
      (3) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Rule 24 no later than the calendar day 6 months of the date after the date of issue of the claim form.
      (4) The claimant may apply for an order extending the period for compliance with paragraph (2) or (3).
      (5) Subject to paragraph (6), an application under paragraph (4) must be made within the period specified by paragraph (2) or (3) or, when an order has been made under paragraph (4), within the period for service specified by that order.
      (6) If the claimant applies for an order to extend the time for compliance after the end of the period specified by paragraph (2) or (3) or by an order made under paragraph (4), the Court may make such an order only if the claimant has taken all reasonable steps to comply with paragraph (2) or (3) but has been unable to do so and acted promptly in making the application.
      Amended on June 1, 2017
      Amended on November 2, 2020
      Amended on February 15, 2021

    • 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) This Rule does not apply to a claim filed in the Small Claims Division to which Part 37 applies or to a claim filed in the Employment Division to which Part 38 applies.
      (2) 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.
      (3) 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.
      (4) 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.
      (5) Where the claimant uses the Rule 30 procedure, he may not obtain default judgment under Rule 39 without the Court's permission.
      (6) 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.
      (7) 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.
      Amended on February 15, 2021

    • 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) This Rule does not apply to a claim form filed in the Small Claims Division to which Part 37 applies or to a claim form filed in the Employment Division to which Part 38 applies.
      (2) Where the defendant receives a claim form he must file and serve an acknowledgment of service within the period specified in Rule 37.
      (3) 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.
      (4) Paragraph (2) does not affect the operation of Rule 36.
      Amended on February 15, 2021

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

      (1) This Rule does not apply to a claim form filed in the Small Claims Division to which Part 37 applies or to a claim form filed in the Employment Division to which Part 38 applies.
      (2) 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.
      (3) 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.
      (4) 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.
      (5) 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.
      Amended on November 2, 2020
      Amended on February 15, 2021

    • 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) This Rule does not apply to a claim form filed in the Small Claims Division to which Part 37 applies or to a claim form filed in the Employment Division to which Part 38 applies.
      (2) 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.
      (3) 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.
      (4) 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.
      (5) An application under this Rule must be made within 28 days after being served with the claim and be supported by written evidence.
      (6) If the defendant files an acknowledgment of service but does not make such an application within the period specified in paragraph (5), he is to be treated as having accepted that the Court has jurisdiction to try the claim.
      (7) 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.
      (8) 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.
      (9) 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
      Amended on November 2, 2020
      Amended on February 15, 2021

    • 39. Default judgment

      (1) This Rule does not apply to a default judgment in the Small Claims Division to which Part 37 applies or to a default judgment in the Employment Division to which Part 38 applies.
      (2) 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.
      (3) Judgment in default of an acknowledgment of service may be obtained if at the date on which judgment is entered the defendant has not filed and served an acknowledgment of service and the relevant time for doing so has expired.
      (4) 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.
      (5) A default judgment on a money claim may include interest as provided for by a practice direction.
      Amended on November 2, 2020
      Amended on February 15, 2021

    • 40. Conditions to be satisfied

      (1) The claimant may not obtain a default judgment under Rule 39, Rule 312 or Rule 318
      (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 interest and 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 (excluding interest and costs), 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.
      Amended on November 2, 2020
      Amended on February 15, 2021

    • 41. Setting aside or varying default judgment

      (1) The Court must set aside a judgment entered under Rule 39, Rule 312 or Rule 318 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, Rule 312 or Rule 318:
      (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.
      Amended on February 15, 2021

    • 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.