• 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.