• 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.