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) 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.(2) Unless the Court directs otherwise or as provided for by a relevant practice direction, 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.
Amended on November 2, 2020
179. Interest on debt, damages and judgment debts(1) 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.(2) 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 determined 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.
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.