• PART 33 PART 33 — Applications In Relation To Contempt Of Court

    • 285. Scope and Interpretation

      (1) This Part sets out the procedure in respect of contempt of Court.
      (2) So far as applicable, and with the necessary modifications, this Part applies in relation to an order requiring a person found to be in contempt of Court or punishable by virtue of any ADGM enactment as if that person had been found to be in contempt of the Court of First Instance to pay a fine or to give security for good behaviour.
      (3) Unless otherwise stated, this Part applies to proceedings in the Court of Appeal and all Divisions of the Court of First Instance.

    • 286. Saving for other powers

      (1) This Part is concerned only with procedure, and does not itself confer upon the Court the power to make an order for the imposition of a fine in respect of contempt of Court.
      (2) Nothing in this Part affects the power of the Court to make an order requiring a person found to be in contempt of Court or who is punishable by virtue of any ADGM enactment as if that person had been found to be in contempt of the Court of First Instance, to pay a fine or give security for good behaviour.

    • 287. Penalty for breach of a Judgment, Order or Undertaking to do or abstain from doing an act

      (1) If a person required by a judgment or order to do an act does not do it within the time fixed by the judgment or order, or disobeys a judgment or order not to do an act, the judgment or order may be enforced by an order for a penalty.
      (2) If the time fixed by the judgment or order for doing an act has been varied by a subsequent order or agreement of the parties, then references in paragraph (1) to the time fixed are references to the time fixed by that subsequent order or agreement.
      (3) If the person referred to in paragraph (1) is a company or other corporation or a partnership, the penalty order may be made —
      (a) in the case of a company or other corporation, against any director or other officer of that company or corporation; and
      (b) in the case of a partnership, against any partner with a managerial position.
      (4) So far as applicable, and with the necessary modifications, this Rule applies to undertakings given by a party as it applies to judgments and orders.
      (5) Unless the Court dispenses with service or a rule, relevant practice direction or other ADGM enactment provides otherwise, a judgment or order may not be enforced unless a copy of it has been served on the person required to do the act or not do the act in question and, in the case of a judgment or order requiring a person to do an act, in accordance with and within the time provided by, the judgment or order.

    • 288. Penalty application under Rule 287

      (1) A penalty application under Rule 287 is made by an application notice under Part 8 in the proceedings in which the judgment or order was made or the undertaking was given.
      (2) Where the penalty application is made against a person who is not an existing party to the proceedings, it is made against that person by an application under Part 8.
      (3) The application notice must set out the matters required by the relevant practice direction, be supported by one or more affidavits containing all the evidence relied upon and, subject to paragraph (4), be served, together with the evidence in support, on the respondent.
      (4) The Court may dispense with service under paragraph (3) if it considers it just to do so.

    • 289. Penalty for Interference with the due administration of justice

      (1) This Rule regulates penalty applications in relation to interference with the due administration of justice in connection with proceedings in the Court of Appeal, the Court of First Instance or in an inferior court, panel or tribunal, except where the contempt is committed in the face of the Court or consists of disobedience to an order of the Court or a breach of an undertaking to the Court.
      (2) This Rule also regulates penalty applications otherwise than in connection with any proceedings.
      (3) A penalty application under this Rule may be made without the permission of the Court.

    • 290. Penalty application under Rule 289

      (1) Where contempt of Court is committed in connection with any proceedings in the Court of Appeal or the Court of First Instance, the penalty application may be made only to the Chief Justice.
      (2) Where contempt of Court is committed in connection with any proceedings in an inferior court, panel or tribunal, the penalty application may be made only to a Judge of the Courts, other than the Chief Justice, who is sitting in the Court of First Instance.
      (3) The penalty application must be made by a Rule 30 claim form, which must include or be accompanied by the statements and documents required by the relevant practice direction and be served in accordance with the relevant practice direction.

    • 291. Contempt in the face of the Court

      Where contempt has occurred in the face of the Court, the Court may deal with the matter of its own initiative and give such directions as it thinks fit for the disposal of the matter

    • 292. False statement or disclosure

      (1) This Rule contains rules about penalty applications in relation to making or causing to be made a false statement in a document or a false disclosure statement without an honest belief in its truth.
      (2) Where the penalty application relates only to a false statement or disclosure statement, Rule 287 applies.
      (3) Where the penalty application relates to both a false statement or disclosure statement and a breach of a judgment, order or undertaking to do or abstain from doing an act, Rule 287 applies.
      (4) Where the penalty application relates to both a false statement or disclosure statement and other interferences with the due administration of justice, Rule 289 applies.

    • 293. Penalty application in relation to a false statement or disclosure statement

      A penalty application in relation to a false statement or disclosure statement may be made only by any party to the proceedings in which the false statement or disclosure statement was made or by the Chief Justice.

    • 294. Contravention of section 96 of the Regulations

      (1) This Rule applies where it is alleged that any person has committed a contravention under section 96 of the Regulations by wilfully insulting a judge, witness or any officer of the Court of by wilfully interrupting the proceedings of the Court or otherwise misbehaving in Court.
      (2) The Court will issue a summons, which must be served on the alleged contravener in accordance with any directions of the Court.

    • 295. Non-payment of fine

      (1) If a fine is not paid in accordance with the order imposing it, the Registrar will, as soon as reasonably possible, report the matter to a Judge.
      (2) Where by an order imposing a fine the amount of the fine is directed to be paid in instalments and default is made in the payment of any instalment, the same proceedings may be taken as if default had been made in payment of the whole of the fine.
      (3) If the Court makes an order for payment of a fine to be enforced by writ of control, the order will be treated as an application to the Court for the issue of the writ at the time when the order was made.

    • 296. Repayment of fine

      If a person pays a fine, and later gives evidence to satisfy the Court that if the evidence had been given earlier no fine or a smaller fine would have been imposed, the Court may order the whole or part of the fine to be repaid.