• PRACTICE DIRECTIONS

    Pursuant to section 191 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015, the Chief Justice has made the following Practice Directions for ADGM Courts. The Practice Directions came into force on 30 May 2016.

    Description Format
    Practice Direction 1 — General PDF Version Web Version
    Practice Direction 2 — Commercial and Civil Claims PDF Version Web Version
    Practice Direction 3 — Small Claims PDF Version Web Version
    Practice Direction 4 — Employment Claims PDF Version Web Version
    Practice Direction 5 — Particular Claims PDF Version Web Version
    Practice Direction 6 — Service of Documents PDF Version Web Version
    Practice Direction 7 — Applications PDF Version Web Version
    Practice Direction 8 — Evidence PDF Version Web Version
    Practice Direction 9 — Costs PDF Version Web Version
    Practice Direction 10 — Enforcement PDF Version Web Version
    Practice Direction 11 — Appeals PDF Version Web Version
    Practice Direction 12 — Forms PDF Version Web Version
    Practice Direction 13 — Court-Annexed Mediation PDF Version Web Version
    Practice Direction 14 — Insolvency PDF Version Web Version

    • PRACTICE DIRECTION 1 GENERAL

      Click here to view a PDF version of Practice Direction 1

      Date re-issued: 9 July 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016(“CPR”). Any reference to a Rule in this Practice Direction is a reference to the CPR.  Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules.

      Unless the Court orders otherwise, the following provisions shall apply.

      A. REGISTRY
      1.1 ADGM Courts' Registry is located in the ADGM Authorities Building, Al Maryah Island, Abu Dhabi.
      1.2 Documents cannot be filed in person at the Registry unless the Court has made an order requiring or permitting a party to do so or the Registrar is satisfied that the party seeking to file the document is unable to access the eCourts Platform.
      1.3 Registry staff can explain and answer questions of an administrative or procedural nature, such as the correct form to use or the listing dates of parties' cases. Parties or their representatives are strongly encouraged to send any enquiries to the Registry via email to enquiry@adgmcourts.com.
      1.4 Registry staff cannot provide legal advice about any claim or assist any party to complete a form.
      B. FORMS
      1.5 Prescribed forms are published on ADGM Courts' website. All documents filed with ADGM Courts must comply with the requirements of the relevant prescribed form, including font size, margins and pagination. Failure to adhere to the requirements of the prescribed form may lead to the rejection of a document for filing.
      C. FEES
      Remission or deferral of fees [r.10]
      1.6 Where a party applies for full or part remission, or deferral of payment, of any court fees:
      (a) that party must set out in the relevant application form a statement of the grounds on which that party seeks full or part remission, or deferral of payment, of the court fees;
      (b) a person appointed by the Registrar to decide on a party’s application for remission or deferral of court fees shall decide without any hearing whether to grant that party’s application;
      (c) if a party wishes to dispute a decision on any such application, the party may apply to have the decision reviewed by the Registrar; and
      (d) the Registrar’s decision on review shall be final and not subject to further administrative review.
      D. ELECTRONIC SERVICES
      1.7 To ensure accessibility, efficiency and fairness for all parties, ADGM Courts’ operations and services are fully digitised.
      1.8 Parties may submit documents for filing by the Court at any time and on any day of the year, which will be date stamped and sealed upon review by the Registrar, subject to payment of any applicable court fees. Rule 6 provides for the calculation of periods of time.
      1.9 With the exception of applications made without notice under Rule 64(6), or as otherwise provided for in a relevant practice direction, parties must file all documents using the ADGM Courts’ electronic filing and case management systems, known as the “eCourts Platform”, in accordance with the requirements set out in this Practice Direction. Applications made without notice are to be submitted to the Court by email to registry@adgmcourts.com.
      E. ELECTRONIC FILING
      Definitions
      1.10 In this section:
      (a) the "eCourts Platform" means the ADGM Courts electronic filing and case management systems;
      (b) "coversheet" means the page that is generated by the eCourts Platform and attached as a first page to a document filed in the Court that includes: details of the date and time of filing of the document; the parties to the case; the seal of the Court; a Court officer’s signature; the case number; and, if applicable, the listing of the case;
      (c) "document" means a document submitted for filing in the Court and includes any attachment that forms part of or accompanies that document;
      (d) "registered user" means a person or an organisation who has registered as a user of the eCourts Platform; and
      (e) "upload", in relation to a document, means to transfer an electronic version of the document from a computer or other device to the eCourts Platform.
      Registration of users
      1.11 Any person or organisation may apply to be a registered user of the eCourts Platform by completing and submitting the online application form and agreeing to comply with the terms and conditions published on that platform.
      1.12 A person or organisation must be registered to file a document with the Court. A person or an organisation can apply for registration at www.adgmcourts.com.
      Requirements for electronic filing of uploaded documents
      1.13 A true and complete copy of each document must be uploaded in a format that is permitted by the eCourts Platform.
      1.14 The eCourts Platform has the capability to “parse” (read or copy) the content of certain sections of documents that have been converted from a Word version of any document to a PDF version (but not a scanned PDF). Accordingly, the PDF version of a form is the preferred format of the eCourts Platform for those documents that are appropriate to be in that format. For example, a claim form filed by a lawyer representing the claimant who is also verifying the claim should adopt that format. Conversely, a witness statement will need to be uploaded in the format of a PDF scan to ensure that the witness’ signature appears on the statement.
      1.15 Each document uploaded must be accurately described, as required by the eCourts Platform. For example, if the document is an affidavit, the description of the document must include the name of the deponent and the date that the affidavit was sworn or affirmed.
      1.16 If a document that is required to be signed is uploaded in the format of a scanned PDF, the document must include a clear, legible copy of the signature of the person who signed the document. All scanned PDF documents uploaded to the eCourts Platform should be OCR (Optical Character Recognition) readable.
      1.17 If an affidavit or witness statement is uploaded, it must include:
      (a) a clear, legible copy of the signature of the deponent of the affidavit or person making the statement; and
      (b) if the document is required to be witnessed, a clear, legible copy of the signature of the witness.
      1.18 Where any rule or practice direction requires a document to be signed, that requirement shall be satisfied if the signature is electronic.
      1.19 A party who has filed a document via the eCourts Platform is taken to have agreed that, if the Court so requires, they will file the original document in accordance with the Court’s directions.
      1.20 Without limiting any other provision at law, the original signed copy of a document that has been filed via the eCourts Platform must be kept until the later of:
      (a) 2 years from after the date the proceedings in which the document was filed are determined by judgment, order or discontinuance; or
      (b) if the proceedings in which the document was filed is appealed, 2 years after the date that appeal is determined by judgment, order or discontinuance.
      Acceptance of electronically filed documents
      1.21 Subject to paragraphs 1.8 and 1.21, a document is taken to have been filed when the eCourts Platform attaches a coversheet to the document and places it on the court file for the case. For the avoidance of doubt, the coversheet is taken to be part of the document.
      1.22 Despite a document being accepted by the Court by the attachment of a coversheet and its placement on the court file, the document may subsequently be rejected by the Court if the document fails to comply with any requirements of the prescribed form or the rules in relation to such a document, or by direction or order of the Court.
      F. SERVICE OF DOCUMENTS [Part 4]
      1.23 It is the responsibility of the claimant to serve the claim form on all other parties to the proceedings. Subject to Rule 15(1), a claim form may be served by any method provided for under Rule 15(3).
      1.24 In relation to all other documents, subject to Rule 15(1):
      (a) where a person to be served has access to the eCourts Platform (including through a legal representative), all documents shall be served on that person through the eCourts Platform; and
      (b) where a person to be served does not have access to the eCourts Platform (including through a legal representative), a document other than a claim form may be served on that person under Part 4 as if the document were a claim form.
      1.25 Part 4 of the CPR (along with Practice Directions 2, 3, 4 and 6) provides for how and where to serve a claim form.
      1.26 Practice Direction 5 – Particular Claims, includes provisions that require some documents to be served personally.
      1.27 A party may prove service of a document by filing a certificate of service in accordance with Form CFI 31. Any supporting document which demonstrates that service was effected must be attached to the certificate of service.
      G. ACCESS TO COURT RECORDS
      1.28 For the purpose of Rule 14, persons seeking to obtain access to court records are to do so in accordance with Form CFI 35. For non-parties, any application for access to courts records must state the reasons for the application. Completed forms must be sent by email to the Registry at registry@adgmcourts.com
      H. LAWYERS
      1.29 In the Rules, and in practice directions, “lawyer” has the meaning given to it in the Regulations.
      1.30 Sections 219 and 220 of the Regulations provides for when a lawyer has the right of audience before the Court and when a lawyer has the right to conduct litigation in relation to proceedings in the Court.
      Ceasing to act [r.192 and r.193]
      1.31 A lawyer who seeks leave of the Court for the purpose of Rule 192:
      (a) must apply to the Court in writing using Form CFI 36;
      (b) must serve that application on the party for whom the lawyer is acting; and
      (c) if the order is made, must serve the order on the party for whom the lawyer was acting.
      1.32 A party who seeks an order declaring that a lawyer who has acted for another party in a proceeding has ceased to be the lawyer acting for that other party (whether because the lawyer has died, has become bankrupt, has ceased to practice or cannot be found):
      (a) must apply to the Court in writing using Form CFI 36;
      (b) must serve that application on the party for whom the lawyer was acting; and
      (c) if the order is made, must serve the order on the party for whom the lawyer was acting.
      1.33 For the purpose of Rule 192(2):
      (a) a notice of intention of ceasing to act shall be in accordance with Form CFI 42; and
      (b) a notice of ceasing to act shall be in accordance with Form CFI 43.
      Amended on July 7, 2020

    • PRACTICE DIRECTION 2 COMMERCIAL AND CIVIL CLAIMS

      Click herehere to view a PDF version of Practice Direction 2

      Date re-issued: 9 July 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Any reference to a Rule in this Practice Direction is a reference to the CPR. Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules.

      This Practice Direction must be read in conjunction with:
      • Practice Direction 1 - General
      • Practice Direction 5 - Particular Claims
      • Practice Direction 6 - Service of Documents
      • Practice Direction 7 - Applications
      • Practice Direction 8 - Evidence
      • Practice Direction 9 - Costs
      • Practice Direction 10 - Offers to Settle
      • Practice Direction 13 - Court-annexed Mediation

      Unless the Court orders otherwise, the following provisions shall apply.

      A. CLAIM FORM [r.27]
      2.1. A claim form which commences proceedings in the Commercial and Civil Division shall be in accordance with Form CFI 1.
      Requirements
      2.2. The claim form must:
      (a) state what final orders the claimant seeks;
      (b) include particulars of the claimant’s case in numbered paragraphs within the form, which shall include:
      (i) particulars of the factual matters relevant to the claim;
      (ii) any relevant calculations for the amount or amounts claimed;
      (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
      (iv) the propositions of law which entitles the claimant to the final orders sought.
      (c) attach a copy of any document referred to in the claim form; and
      (d) state whether the claimant sues in person, by authorised officer or, if represented by a lawyer, the name, address and email address of that lawyer.
      2.3. As a general rule, a claim form should not exceed 50 pages (excluding attachments). If the claim is of such complexity that it is necessary to exceed this page limit, the claimant must include an index of topics within the particulars of claim.
      2.4. Part 4 of the CPR prescribes how a claim form may be served.
      B. RULE 30 PROCEDURE [r.30]
      Requirements
      2.5. If a claimant seeks to use the Rule 30 procedure, the claimant must:
      (a) use the claim form in accordance with Form CFI 6; and
      (a) identify what issue or issues the claimant says are to be decided by the Rule 30 procedure as an issue or as issues unlikely to involve a substantial dispute of fact.
      2.6. The Rule 30 procedure may not be used in relation to the following claims or questions:
      (a) fraud; or
      (b) libel, slander, malicious prosecution or false imprisonment.
      2.7. Claimants seeking to use the Rule 30 procedure must have regard to Rules 31 to 34 inclusive which provide for:
      (a) written evidence to be filed and served under the Rule 30 procedure;
      (b) the procedure where a defendant objects to the use of the Rule 30 procedure;
      (c) modifications to the Rules regarding the filing of a defence; and
      (d) certain time limits.
      C. SERVICE OUT [r.24, r.25 and r.28]
      2.8. A claimant who serves a claim form on a defendant out of the jurisdiction must first file and serve with the claim form a copy of a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction.
      2.9. The notice shall be in accordance with Form CFI 32.
      D. ANSWERING A CLAIM [r.35, r.36, r.37, r.42, r.43 and r.44]
      2.10. The Rules require that a defendant must file and serve an acknowledgement of service within 14 days after service of the claim form.
      2.11. An acknowledgment of service shall be in accordance with Form CFI 7.
      2.12. The defendant may file and serve an admission in accordance with Rule 42, together with any request for time to pay in accordance with Rule 43, in accordance with Form CFI 34.
      2.13. The Rules also require that a defendant who wishes to defend all or part of a claim must file and serve a defence within 28 days after service of the claim form.
      Requirements
      2.14. The defence must:
      (a) set out, in numbered paragraphs the defendant’s answer to the particulars of the claim and the propositions of law advanced by the claimant; and
      (b) attach a copy of any document referred to in the defence unless the document has previously been uploaded to the eCourts Platform.
      2.15. A defence shall be in accordance with Form CFI 8.
      E. MAKING A COUNTERCLAIM [r.50]
      Requirements
      2.16. A defendant who wishes to make a counterclaim must:
      (a) state what final orders the defendant seeks by counterclaim;
      (b) include particulars of the counterclaim in numbered paragraphs within the form, which shall include:
      (i) particulars of the factual matters relevant to the counterclaim;
      (ii) any relevant calculations for the amount or amounts claimed; and
      (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
      (iv) the propositions of law advanced by the defendant.
      (c) attach a copy of any document referred to in the claim form unless the document has previously been uploaded to the eCourts Platform; and
      (d) state whether the defendant sues in person, by authorised officer or, if represented by a lawyer, the name, address and email address of that lawyer.
      2.17. As a general rule, a counterclaim should not exceed 50 pages (excluding attachments). If the counterclaim is of such complexity that it is necessary to exceed this page limit, the claimant must include an index of topics within the particulars of claim.
      2.18. Part 4 of the CPR prescribes how a counterclaim may be served.
      2.19. A counterclaim shall be in accordance with Form CFI 9.
      F. REPLY TO A DEFENCE [r.45]
      2.20. A claimant who seeks to reply to a defence must file and serve the reply within 21 days after service of the defence and must set out the claimant’s reply to the particulars of the defence and the propositions of law advanced by the defendant.
      2.21. A reply must attach a copy of any document referred to in the reply unless the document has previously been uploaded to the eCourts Platform.
      2.22. A reply shall be in accordance with Form CFI 10.
      G. DEFENCE TO ANY COUNTERCLAIM AND SUBSEQUENT REPLY [r.44, r.45]
      2.23. A party who wishes to defend all or part of any counterclaim must file and serve the defence within 28 days after service of the counterclaim and must set out that party’s answer to the particulars of the counterclaim and the propositions of law advanced by the defendant.
      2.24. A defence to counterclaim must attach a copy of any document referred to in the defence to counterclaim unless the document has previously been uploaded to the eCourts Platform.
      2.25. A defence to counterclaim shall be in accordance with Form CFI 8.
      2.26. A party who seeks to reply to a defence to counterclaim must file and serve a reply within 21 days after service of the defence to counterclaim and must set out the party’s reply to the particulars of the defence and the propositions of law advanced by that party.
      2.27. A reply to a defence to counterclaim must attach a copy of any document referred to in the reply unless the document has previously been uploaded to the eCourts Platform.
      2.28. A reply to a defence to counterclaim shall be in accordance with Form CFI 10.
      H. CASE MANAGEMENT [r.8, r.306 and Part 12]
      Introduction
      2.29. The aim of case management is to further the overriding objective of the Rules: to ensure that the ADGM Courts are accessible, fair and efficient. To that end, case management is directed to identifying, as soon as reasonably practicable, the real issues in dispute between the parties and trying those issues fairly and expeditiously.
      2.30. The Court will manage cases proportionately, having regard to the amounts at stake and the complexity of the issues.
      2.31. In managing a case, the Court may make any order, give any direction or take any step it considers appropriate having regard to the nature of the claim, the circumstances of the case and the overriding objective.
      General Provisions
      2.32. The Court may, upon the request of a party or on its own initiative, convene a case management conference at any time during the proceedings to facilitate the effective management of the case. A case management conference will ordinarily be conducted by video or telephone conference as arranged by the Court. For the purposes of this Practice Direction, a case management conference shall be taken to include (as the context requires) the initial case management conference, a progress monitoring hearing, a pre-trial review or any similar hearing or arrangement.
      2.33. The parties must endeavour to agree appropriate directions for the management of the proceedings, and in accordance with this Practice Direction to submit agreed directions or their respective proposals to the Court prior to any case management conference.
      2.34. At any case management conference, the Court may:
      (a) review the steps which the parties have taken in preparation of the case, and in particular their compliance with any directions that the Court may have given;
      (b) decide and give directions about the steps which are to be taken to ensure the progress of the claim in accordance with the overriding objective;
      (c) ensure, as far as it can, that all agreements that can be reached between the parties about the matters in issue and the conduct of the claim are made and recorded;
      (d) discuss the issues in the case and the requirements of the case; and
      (e) in the case of the initial case management conference, to fix a timetable for the conduct of the case, including if possible the appointment of trial dates or provisional trial dates, or, if that is not practicable, to fix as much of the pre-trial timetable as is possible.
      2.35. The topics the Court will consider at a case management conference are likely to include:
      (a) whether the parties have attempted to settle the dispute and/or would like a further opportunity to do so;
      (b) whether the claimant has made clear the claim he is bringing, in particular the amount he is claiming, so that the other party can understand the case he has to meet (similar considerations will apply in relation to any counterclaim);
      (c) whether any amendments are required to the claim, a statement of case or any other document;
      (d) what disclosure of documents, if any, is necessary;
      (e) what expert evidence, if any, is reasonably required and how and when that evidence should be obtained and disclosed;
      (f) what factual evidence should be obtained and disclosed;
      (g) whether it will be just and will save costs to order a split trial or the trial of one or more preliminary issues; and
      (h) what, if any, pre-trial applications do the parties intend to bring and the impact that this is likely to have on the timetable.
      2.36. Where a party has a legal representative, such representative must attend the case management conference, must be familiar with the case and must possess sufficient authority to deal with any issues that are likely to arise. That person should be someone who personally is involved in the conduct of the case, and who has authority to deal with any matter which may reasonably be expected to be dealt with at such hearing, including the fixing of the timetable, the identification of issues and matters of evidence. Where the inadequacy of the person attending or of his instructions leads to the adjournment of a hearing, a wasted costs order may be considered appropriate.
      2.37. The parties will be required to provide the Court with an agreed list of issues that are to be litigated. In this respect, the parties are reminded that:
      (a) a list of issues is not intended to supersede the parties' statements of case;
      (b) a list of issues should identify the issues neutrally in a way that will best reflect the expected structure of the case. It is a case management tool, not an opportunity for advocacy; and
      (c) as a case progresses, the list of issues may be susceptible to change.
      2.38. Wherever relevant, the parties are to consult and co-operate with the aim of providing the documents required to be submitted to the Court within the time limits prescribed.
      2.39. If any party fails to comply with this Practice Direction or any order or direction made in connection with this Practice Direction, the Court may:
      (a) impose such sanction as it sees fit, which may include the making of an adverse costs order against the defaulting party;
      (b) proceed with or adjourn any scheduled case management conference;
      (c) proceed to make such orders as it considers appropriate for the future conduct of the proceedings having regard to the overriding objective; and/or
      (d) in appropriate circumstances, strike out any claim or defence.
      Case Management Conferences
      2.40. The Court will convene an initial case management conference for all claims filed in the Commercial and Civil Division within 14 days of the close of pleadings (which in normal course will be after the filing of a Reply).
      2.41. Not less than 4 days before the initial case management conference:
      (a) each party must file and serve on all other parties completed copies of the directions questionnaire;
      (b) the claimant is to file with the Court and provide to all other parties a copy of any proposed directions that are agreed;
      (c) in the event that there is no agreement between the parties on the proposed directions, each party must file with the Court and serve on all other parties a copy of its proposed directions;
      (d) the claimant is to file with the Court and provide to all other parties a copy of an agreed list of the significant issues in the case; and
      (e) in the event that there is no agreement between the parties as to the list of significant issues, each party must file with the Court and serve on all other parties a copy of its proposed list of issues.
      2.42. The directions questionnaire form is set out in Appendix A to this Practice Direction. A proposed directions guidance note which the parties are encouraged to consider when providing the Court with proposed directions is set out in Appendix B.
      2.43. At the initial case management conference, the parties' legal representatives (or any party appearing in person) should be in a position fully to inform the Court of the following:
      (a) the issues likely to arise in the proceedings;
      (b) the directions which each party seeks, including any agreement reached between the parties in regard to those directions;
      (c) whether it is proposed to file any application notices in respect of pre-trial issues and the nature of those pre-trial issues;
      (d) the volume of material likely to comprise standard disclosure between the parties; and
      (e) any other matter dealt with in the directions questionnaire or which the legal representatives may wish to bring to the Court's attention to achieve the efficient management of the case to trial.
      2.44. At the initial case management conference:
      (a) the Court will decide a timetable for the pre-trial steps necessary to be taken, which may include the holding of a further case management conference, a progress monitoring hearing and/or a pre-trial review;
      (b) if and insofar as it is not possible to fix trial dates or provisional trial dates, the Court will endeavour to manage the case so as to fix such dates at the first available opportunity; and
      (c) if there is no agreement between the parties as to the list of significant issues in the case, the Court itself may state the significant issues in the case and from time to time thereafter the Court may state or restate those issues as it sees fit.
      Court-ordered mediation
      2.45. The Court may, of its own initiative or upon the request of any party, make an order referring the dispute or any part of the dispute to court-annexed mediation, where in the opinion of the Court such order appears appropriate.
      Progress Monitoring
      2.46. Where appropriate, a progress monitoring date will be fixed at the initial case management conference; such date will normally be after the date fixed in the pre-trial timetable for the exchange of any witness statements and any expert reports.
      2.47. At least 5 clear days before the progress monitoring date, the parties must file and serve a procedural compliance statement to inform the Court:
      (a) whether, as at that date, they have complied with the pre-trial timetable, and if they have not, the respects in which they have not; and
      (b) whether they will be ready for trial commencing on the trial dates or provisional trial dates fixed in the pre-trial timetable, and if they will not be ready, why they will not be ready.
      2.48. The form of the procedural compliance statement is set out in Appendix C to this Practice Direction.
      2.49. The Court may direct that a further case management conference be convened if, in its view, the information in the procedural compliance statement reasonably requires such action. The Court may make such orders and give such directions as it considers appropriate whether at a case management conference or at any time on its own initiative with the primary objective of preserving the trial dates or provisional trial dates.
      2.50. In appropriate cases, the Court may decide to consolidate the progress monitoring of the case with the pre-trial review.
      Pre-trial Review
      2.51. Subject to the following provisions, the pre-trial review normally will take place between 4 to 8 weeks before the date fixed for trial.
      2.52. In all appropriate cases, no later than 5 clear days before the pre-trial review, or by the date specified by the Court:
      (a) each party must file and serve on all other parties a completed copy of the pre-trial checklist in the form set out in Appendix D;
      (b) the claimant is to file with the Court and provide to all other parties an agreed timetable for the trial providing for (as necessary) oral submissions, witnesses of fact and expert evidence; in the event the trial timetable is not agreed, any differences of view should be identified with clarity;
      (c) in the event that there are any outstanding matters in relation to the trial requiring directions from the Court, the claimant is to file with the Court and provide to all other parties a copy of any proposed directions that are agreed; and
      (d) in the event that there is no agreement between the parties on the proposed directions, each party must file with the Court, and serve on all other parties, a copy of its proposed directions.
      2.53. Upon receipt of the required documents, the Court may, on the papers, approve, modify or set the trial timetable and give such other directions for the conduct of the trial as it considers appropriate. If, upon receipt of the required documents, the Court decides to hold a pre-trial review hearing or to cancel a pre-trial review hearing which previously has been fixed, it will notify the parties of its decision.
      2.54. In any event, as soon as practicable after each party has filed a completed pre-trial check list or the Court has held a pre-trial review, the Court may:
      (a) set a timetable for the trial, unless a timetable has already been fixed or the Court considers that it would be inappropriate to do so; and/or
      (b) confirm the date for trial.
      Timetables
      2.55. If or when the Court sets a timetable for the taking of procedural steps in a case, the parties must comply with it.
      2.56. If the parties agree that the timetable should be adjusted, the claimant (unless otherwise agreed by the parties) must file a written consent to the adjusted timetable using Form CFI 22.
      2.57. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment sought will not affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment should file and serve a statement using Form CFI 36 setting out its justification for the adjustment it seeks. The other party or parties shall file and serve any response using Form CFI 36 within 4 days of receipt of such statement. The Court will ordinarily resolve that dispute on the papers.
      2.58. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment as sought will affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment must make an application in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15.
      Hearing and trial dates
      2.59. When the Court fixes the date for a hearing or a trial, it expects the application or the case to be ready to proceed on that day and at the appointed time.
      I. DISCLOSURE [Part 13 CPR]
      Definitions
      2.60. In this Section:
      (a) “document” means anything in which information of any description is recorded and includes an electronic document;
      (b) “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and
      (c) “electronic document” means any document held in electronic form and includes, for example, email and other electronic communications such as text messages and voicemail, word-processed documents and databases, and documents stored on portable devices such as memory sticks and mobile phones. In addition to documents that are readily accessible from computer systems and other electronic devices and media, it includes documents that are stored on servers and back-up systems and documents that have been deleted. It also includes metadata and other embedded data which is not typically visible on screen or a print out.
      Disclosure by parties [r.87]
      2.61. Rarely, if at all, will the Court direct general discovery of documents or discovery by interrogation.
      Standard disclosure [r.86]
      2.62. The Court will ordinarily provide directions relating to the time by which standard disclosure is to be made at the initial case management conference.
      2.63. “Standard disclosure” is defined by the Rules and requires a party to disclose all documents on which he will rely at trial, except for documents that have already been submitted by a party.
      When standard disclosure not required
      2.64. The obligation to give standard disclosure of documents does not apply to the following proceedings:
      (a) proceedings using the Rule 30 Procedure;
      (b) Judicial Review proceedings.
      Cooperation between the parties
      2.65. Before the initial case management conference, the parties should discuss any issues that may arise regarding searches for and the preservation of electronic documents. This may involve the parties seeking and providing information about the categories of electronic documents within their control, the computer systems, electronic devices and media on which any relevant documents may be held, the storage systems maintained by the parties, their document retention policies and the anticipated time and cost of carrying out any searches which might be requested.
      2.66. The parties should, where possible, seek to exchange preliminary production requests for specific disclosure in draft form before the initial case management conference.
      2.67. Documents (regardless of their original form) are to be disclosed in electronic format capable of being searched.
      2.68. For the purpose of paragraph 2.65, the parties should cooperate at an early stage as to the format in which electronic copy documents are to be provided on inspection of documents.
      2.69. If the physical structure of a file is, or is claimed to be, of evidential value:
      (a) any such claim should be raised at the earliest opportunity; and
      (b) the legal representatives of the party holding the file should make one complete copy of the file in the form in which they received it before any documents are removed for the purpose of inspecting documents.
      2.70. In the case of difficulty or disagreement on any of the matters referred to in this section of the Practice Direction, the matter should be referred to the Court for directions at the earliest practical date and, if possible, at the initial case management conference.
      Applications for further or specific disclosure [r. 86 and r.87]
      2.71. The Court discourages unfocused or disproportionate requests for further disclosure of documents.
      2.72. If a party seeks further or specific disclosure of documents, that party must identify what documents or classes of documents are sought and state why their provision would assist the fair and effective trial of the proceedings.
      2.73. An application for further or specific disclosure must be made by application notice in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15.
      Further or specific disclosure
      2.74. When giving further or specific disclosure, a party is required to make a reasonable search for documents.
      2.75. The factors relevant in deciding the reasonableness of a party’s search include the following –
      (a) the number of documents involved;
      (b) the nature and complexity of the proceedings;
      (c) the ease and expense of retrieval of any particular document; and
      (d) the significance of any document which is likely to be located during the search.
      2.76. A search undertaken by a party shall not be considered to be unreasonable solely because that party has used artificial intelligence (such as predictive coding or some other form of technology) in conducting the search.
      2.77. Where a party intends to use artificial intelligence in conducting a search for documents, that party must inform all other parties of that intention and provide sufficient details of the parameters of the search.
      2.78. Where a party has not searched for a category or class of document on the grounds that to do so would be unreasonable, he must state this in his disclosure statement and identify the category or class of document.
      Disclosure of copies
      2.79. A party need not disclose more than one copy of a document.
      2.80. A copy of a document must conform fully to the original. The Court may order that the original of a document be presented for inspection. A copy of a document that contains a modification, obliteration or other marking or feature shall be treated as a separate document.
      Making disclosure – Redfern Schedule and disclosure statement
      2.81. A party giving further or specific disclosure must do so in the form of a Redfern Schedule, supported by a disclosure statement
      2.82. A party must state in his Redfern Schedule whether he has a right or duty to withhold from inspection any document, or part of a document, or categories of documents and the grounds on which he claims that right or duty.
      2.83. The disclosure statement must –
      (a) expressly state that the disclosing party believes the extent of the search to have been reasonable in all the circumstances; and
      (b) draw attention to any particular limitations to the extent of the search and give the reasons for such limitations.
      2.84. Attention is drawn to Rule 91(2) in regard to false disclosure statements.
      2.85. Every additional disclosure which a party makes must be made by adding to his Redfern Schedule so that there is at all times a single complete record of each party’s disclosure.
      Inspection of documents referred to in statements of case and other documents [r.90]
      2.86. Nothing in this Practice Direction affects a party’s right under the Rules to inspect any document which is referred to in:
      (a) an opposing party’s statement of case;
      (b) a witness statement;
      (c) a witness summary; or
      (d) an affidavit.
      Inspection of documents mentioned in an expert’s report [r.90]
      2.87. If a party wishes to inspect documents referred to in the expert report of another party he should first request inspection of the documents informally and inspection should be provided by agreement unless the request is unreasonable.
      2.88. Where an expert report refers to a large number or volume of documents and it would be burdensome to provide them in electronic format or copy or collate them, the Court will only order inspection of such documents if it is satisfied that it is necessary for the just disposal of the proceedings and the party cannot reasonably obtain the documents from another source.
      Disputing a claim to withhold from inspection [r.90]
      2.89. If a party seeks to inspect a document, or part of a document, which the disclosing party claims he has a right or duty to withhold from inspection, the requesting party must complete the relevant part of the disclosing party’s Redfern Schedule and serve it on the disclosing party.
      2.90. If the disclosing party presses his claim to withhold the document, or part of a document, from inspection, he must:
      (a) complete the relevant part of his Redfern Schedule;
      (b) file and serve the completed Redfern Schedule through the eCourts Platform; and
      (c) identify those items in the Redfern Schedule in respect of which he seeks the determination of the Court.
      2.91. The Court may determine any objection to production, without receiving any further submission by any party, by recording its decision in the Redfern Schedule.
      Failure to disclose or permit inspection [r.91]
      2.92. The Rules provide that a party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the Court gives permission. Any application for that permission must be made by filing an application notice in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15 and:
      (a) should be made at the earliest opportunity; and
      (b) be supported by material explaining why the party concerned did not disclose or permit inspection of the document earlier.
      Order for disclosure against non-party [r.88]
      2.93. Any application made to the Court for disclosure by a person who is not a party to the proceedings must be made by filing an application notice in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15 and which must be supported by evidence.
      2.94. The supporting evidence for an application for disclosure by a non-party must be contained in a witness statement detailing the specific facts, matters or circumstances relied upon to demonstrate that –
      (a) the documents of which disclosure is sought are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings; and
      (b) that disclosure is necessary in order to dispose fairly of the claim or to save costs.
      2.95. An order for disclosure by a non-party must –
      (a) specify the documents or the classes of documents which the non-party must disclose; and
      (b) require the non-party, when making disclosure, to specify any of those documents –
      (i) which are no longer in his control; or
      (ii) in respect of which he claims a right or duty to withhold inspection.
      2.96. Such an order may –
      (a) require the non-party to indicate what has happened to any documents which are no longer in his control; and
      (b) specify the time and place for disclosure and inspection.
      2.97. A non-party need not disclose more than one copy of a document.
      2.98. A copy of a document must conform fully to the original.
      J. PAPERS FOR TRIAL
      2.99. The Court will make directions, as appropriate, for the filing and serving of papers for the trial. Depending on the circumstances of the case and the nature of the issues in dispute, these papers may include an updated list of issues, a chronology of relevant events, a dramatis personae, an index of the hearing bundle and such other documents as the Court may direct. These papers should be prepared in neutral terms and the Court expects the parties to consult and agree on their contents so that agreed papers can be provided to the Court.
      2.100. If it is not possible for the parties to reach agreement on any document or documents, this fact must be notified to the Court, which will resolve the issue upon hearing representations from the parties.
      2.101. The Court may also make directions relating to the form of opening and closing submissions (whether written, oral, or both) as is appropriate for the case.
      2.102. Where relevant, the papers to be used at the trial should be cross-referenced to relevant documents contained within the hearing bundle.
      2.103. The hearing bundle shall be:
      (a) in electronic form;
      (b) prepared by the claimant based upon the index agreed with the other parties using the bundle made available on the eCourts Platform; and
      (c) allocated into the following categories: (i) pleadings (including application notices); (ii) orders; (iii) witness statements of fact (including exhibits); (v) other relevant documents; (vi) skeleton arguments and authorities.
      K. INTEREST [r.179]
      2.104. Where interest is payable on a judgment debt and there is no agreed rate, it shall be at the rate of 9 per cent from the date that judgment is given until payment.
      2.105. Subject to any ADGM enactment, where interest is payable on all of any part of a debt or damages in relation to a period prior to, or as at, the date of judgment and there is no agreed rate, it shall be at the rate of 9 per cent.

      Appendix A - Directions Questionnaire

      Case Details
      Division [select division]
      Case number  

       

             Title of Proceedings
      [First] Claimant [full name]
      [Second Claimant] [include number of Claimants (if more than two)] [#full name #number]
      [First] Defendant [full name]
      [Second Defendant] [include number of Defendants (if more than two)] [#full name #number]

       

      Filing Details
      Filed for [name of party(ies)]
      Legal representative [name]
      Firm [name of firm]
      Firm reference [reference number]
      Contact name [name]
      Contact telephone [telephone]
      Contact email [email address]

       

      Please read the Notes section before completing each question in this form. The answers which you provide in this form are intended to help the Court manage the case in the most fair, proportionate and efficient manner having regard to the circumstances of the case.

      Although it may be difficult to accurately answer any question due to the early stage of the proceedings, the parties are required to answer all questions on a “best efforts” basis. A failure by any party to do so, including a failure by a party to answer a question, may be considered by the Court when it deals with the question of costs, or may result in some other sanction being imposed on the defaulting party.

      Wherever relevant, the parties are expected to consult and co-operate to the fullest extent possible on any question which would benefit from a joint discussion between the parties before completing and submitting this form.

      You should note the date by which this questionnaire must be returned.

      If you have settled this claim (or you settle it on a future date) and do not need to have it heard or tried, you must let the Court know immediately.

       

      A: Nature of dispute Notes
      1. What amount of the claim (and any counterclaim) is in dispute?
      2. Are there any non-pecuniary remedies sought which are relevant to how this case should be managed?
      The parties are encouraged to consider the nature of the dispute when providing their answers to the questions below (having regard to the principles of fairness, proportionality and efficiency).
      B: Settlement  
      3. Do you wish there to be a one month stay to attempt to settle the claim by court-annexed mediation?
      4. If you answered ‘No’ to question 3, please state below the reasons why you consider it inappropriate to try and settle the claim at this stage.
      If you think that you and the other party may be able to negotiate a settlement, you should answer ‘Yes’ to Q3.

      The parties are encouraged to read Practice Direction 13 (Court-annexed Mediation) and Court Procedure Rules 2016 (“CPR”) Part 36 (Court-annexed Mediation) before completing this section.

      The Court may order a stay, whether or not all the other parties to the claim agree. You should still complete the whole of the form, even if you are requesting a stay.
      C: Pre-trial Applications  
      5. Do you intend to make, or foreshadow making, any future application(s) in this proceeding? If Yes:
      • provide details of all such applications including the Rule or provision pursuant to which each application will be made?
      • for each application, set out how the application will assist the Court with its determination of the issues in the proceeding?
      • if the application will not assist the Court with its determination of the issues in the proceeding, set out the reason why the application is being made?
      6. Are any of the issues in the case suitable for trial as preliminary issues?
      It is important for the Court to know if you intend to make any applications, what they will be for and when you wish them to be heard. The parties are encouraged to read Practice Direction 7 (Applications) and the relevant sections of the CPR before completing this section.
      D: Statements of Case  
      7. Do you wish to file any further statements of case (including by way of amendment)? If Yes, please specify?
      8. Is any further information about any statement of case required? If yes, please give brief details of what is required.
      The parties are encouraged to read CPR 52 to 54 in relation to amendments to statements of case and requests for further information before completing this section.
      E: Disclosure of Documents  
      9. Approximately how many documents and how many pages of documents do you intend to produce on standard disclosure of documents?
      10. By what date can you provide standard disclosure of documents?
      11. Have the parties discussed standard disclosure of documents and how they will be exchanged? If so, please provide a summary of material areas of agreement and disagreement between the parties.
      12. Is production of specific documents likely to be required on any issue? If so, please give as much detail as is currently available.
      13. Have the parties discussed likely or potential requests for production of specific documents and how they will be exchanged? If so, please provide a summary of material areas of agreement and disagreement between the parties.
      The parties are encouraged to read Practice Direction 2 (Disclosure) and CPR Part 13 (Disclosure and Inspection of Documents) before completing this section.
      F: Witnesses of Fact  
      14. So far as you know at this stage, how many witnesses of fact do you intend to rely on at the trial?
      15. Do you wish to seek any orders from the Court as to the maximum length or format of any witness statements? If so, please specify.
      16. By what date can you serve signed witness statements?
      The parties are encouraged to read Practice Direction 8 (Evidence) and CPR Part 14 (Evidence) before completing this section.
      G: Experts  
      17. Do you wish to use expert evidence at the trial? If yes, please specify:
      • the discipline of each proposed expert;
      • broadly what issue(s) they will likely address which will help to resolve the issues in the proceedings.
      18. Do you consider the case suitable for a single joint expert (see Rule 144) or an assessor (see Rule 148) in any field?
      19. By what date can you serve signed expert reports?
      The parties are encouraged to read Practice Direction 8 (Evidence) and CPR Part 17 (Expert and Assessors) before completing this section. In particular, the parties are reminded that CPR 142(1) mandates that expert evidence shall be restricted to that which reasonably is required to resolve the proceedings. Therefore, the Court requires a short explanation of any proposals with regard to expert evidence.
      H: List of Issues  
      20. Have the parties provided the Court with an agreed list of issues that are to be litigated?
      21. If there is no agreement between the parties as to the list of issues, have you filed with the Court and served on all other parties a copy of your proposed list of issues?
      The parties are reminded of the importance that the Court places on the list of issues, as set out in Practice Direction 2.36. The parties are also encouraged to review Practice Direction 2.40, which contains further provisions relating to the list of issues to be provided for the purposes of the initial case management conference.
      I: Trial  
      22. What are your present provisional estimates of the minimum and maximum lengths of the trial?
      23. What is the earliest date by which you believe you can be ready for trial?
      24. Is this a case in which the fixing of a progress monitoring date and/or pre-trial review is likely to be helpful?
      25. Are there likely to be any special requirements at trial (i.e. use of an interpreter for any witness, evidence of a witness by video-link, disability of any witness or party)?
      26. What is your present provisional estimate of the volume of the trial hearing bundle? Is this a case where any additional technological requirements (outside of the eCourts Platform capabilities provided by the ADGM Courts) are likely to be required for the hearing bundle?
       
      J: Other  
      27. Should the parties exchange cost budgets in accordance with Section C of Practice Direction 9? If yes, when should they be exchanged?
      28. Set out any other information you consider will help the judge manage the claim.
       
      K: Directions  
      29. You must attempt to agree proposed directions with all other parties. Whether agreed or not, a draft of the order for directions you seek must accompany this form.
       

       

      Appendix B - Proposed Directions Guidance Note

      This document is provided as a guidance note to assist the parties when considering what procedural directions to seek from the Court. It is not intended to be prescriptive on either the parties or the Court. The parties are reminded that in accordance with CPR 8(1), the Court may make any order, give any direction or take any steps it considers appropriate for the purpose of managing the proceedings and furthering the overriding objective of the Rules.

      Nor is the guidance note intended to cover every scenario which might arise during the course of a matter which requires a direction or order from the Court. To that end, the parties will need to consider the specific circumstances of their case and what directions they should seek from the Court against the overriding objective of the Court to manage cases proportionally through a process that is accessible, fair and efficient having regard to the amounts at stake and the complexity of the issues in dispute.

      This guidance note deals with some of the more common procedural steps in the pre-trial timetable, along with the trial itself. In more complex cases, it may be desirable for the Court to issue directions in stages. However, the parties are encouraged, for the purposes of the first case management conference, to submit proposed directions which deal with as many of the procedural steps in the proceedings as possible having regard to the circumstances of their particular case. Further, the parties are reminded that the Court is alert to performing its duty to fix a trial date as soon as practicable and to establish a pre-trial timetable which provides for the timely carrying out of the procedural steps in the proceedings.

      The parties are to submit their proposed directions by the due date using Form CFI 37.

      Proposed Order
      Terms of draft Order (delete, amend or supplement as appropriate)
      Applications for Further Information1
      1. By no later than 4.00 pm on [ ], the Parties may make any application(s) for further information, in accordance with CPR 54 and Practice Direction 7.

      List of Issues2
      2. An updated list of issues is to be compiled and agreed between the Parties, with cross-references to paragraphs of the pleadings, and filed with the Court by 4.00 pm on [ ].
      Disclosure – Standard Disclosure, Further or Specific Disclosure and Inspection of Documents3
      Standard Disclosure
      3. By no later than 4.00 pm on [ ], each party shall submit to the other, by way of standard disclosure in accordance with CPR 86, all documents upon which it will rely at trial, except for any documents that have already been submitted by a party .

      Further or Specific Disclosure
      4. By no later than 4:00 pm on [ ], the Parties may make any application(s) for further or specific disclosure, in accordance with Practice Direction 2.72.
      5. A party giving further or specific disclosure must do so by no later than 4:00 pm on [ ], in accordance with Practice Direction 2.80-2.84, in the form of a Redfern Schedule supported by a disclosure statement.
      6. If the requesting party seeks to inspect a document, or part of a document, which the disclosing party claims it has a right or duty to withhold from inspection, the requesting party must complete the relevant part of the disclosing party’s Redfern Schedule and serve it on the disclosing party by no later than 4:00 pm on [ ].
      7. If the disclosing party presses its claim to withhold the document, or part of a document, from inspection, the disclosing party must comply with Practice Direction 2.89 by no later than 4.00 pm on [ ].
      8. The Court will determine any objection to production, without receiving any further submission by any party, by recording its decision in the Redfern Schedule within a timeframe to be determined by the Court.
      Witness Statements4
      9. Any witness statements of fact in accordance with CPR 94 and Practice Direction 8 are to be filed and served by [both/all] Parties by no later than 4.00 pm on [ ].
      10. Any reply witness statements of fact are to be filed and served by [both/all] Parties by no later than 4.00 pm on [ ].
      11. Unless otherwise ordered, witness statements of fact are to stand as evidence in chief of the witness at trial.
      Expert Evidence5
      12. In accordance with CPR 142(2), the Court grants its permission for the Parties to file and serve by no later than 4.00 pm on [ ], expert reports which meet the requirements of CPR 141 and Practice Direction 8 in relation to the following issues (the “identified expert issues”):
      • [ ]
      • [ ]
      13. Any reply expert reports which deal with the identified expert issues are to be filed and served by no later than 4.00 pm on [ ].
      14. Experts of common disciplines are to meet to discuss (as relevant) the identified expert issues and are to file a joint report by no later than 4.00 pm on [ ] setting out those issues which are agreed and those which are in dispute.
      15. The Parties may make any application(s) to add to the list of identified expert issues by no later than 4.00 pm on [ ].
      16. In accordance with CPR 142(2), the Parties may apply to the Court for permission to call an expert by no later than 4.00 pm on [ ].
      Progress Monitoring
      17. The progress monitoring date in this matter is fixed for [ ].
      18. The Parties shall file and serve a procedural compliance statement in the form set out at Appendix C at least 5 clear days before the progress monitoring date.
      19. If, upon receipt of the Parties procedural compliance statements, the Court decides to hold a case management conference, it will liaise with the Parties and notify the Parties of the date on which it is to occur.
      Hearing Bundle
      20. By no later than 4.00 pm on [ ], the Claimant is to provide the [Defendant/other Parties] with a draft index of the hearing bundle to be used at the hearing.
      21. By no later than 4.00 pm on [ ], the [Defendant/other Parties] is to provide the Claimant with its comments in relation to the draft index of the hearing bundle to be used at the hearing.
      22. By no later than 4.00 pm on [ ], the Claimant is to file the index of the hearing bundle with the Court.
      23. By no later than 4.00 pm on [ ], the Claimant shall confirm that the hearing bundle has been compiled in accordance with the agreed index, has been duly paginated and is available to the Parties through the eCourts Platform. By this direction, the Court grants permission for an additional electronic folder to be added to the hearing bundle for expert reports (and accompanying exhibits).
      Pre-Trial Checklist
      24. In accordance with CPR82(2) and Practice Direction 2.51, the Parties shall file and serve the pre-trial checklist by 4.00 pm on [ ].
      25. In accordance with Practice Direction 2.51, at the same time as providing the pre-trial checklist, the Claimant shall provide the Court with an agreed trial timetable; in the event that the timetable is not agreed, any differences of view should be clearly identified. Similarly, proposed directions dealing with any outstanding issues shall be provided to the Court at this time.
      26. If the Court decides to hold a pre-trial review in accordance with CPR82(1) and Practice Direction 2.52, it will liaise with the Parties and notify the Parties of the date on which it is to occur.
      Papers for Trial
      27. By no later than 4.00 pm on [ ], the Claimant in consultation with the [Defendant/other Parties] shall file and serve an agreed:
      • [ ]
      • [ ]
      28. By no later than 4.00 pm on [ ], the Parties are to file and serve skeleton arguments of fact and law.
      Trial
      29. The trial of this matter is to take place on a day not before [ ], with a time estimate of [ ] days. The Court and the Parties have indicated a possible potential date for trial as being for [ ] days from [ ]. The Parties are to inform the Court as soon as possible if the provisional date for trial is suitable and, if not, are to liaise with the Court to arrange a listing appointment by telephone.
      Closing submissions
      30. By no later than 4.00 pm on [ ], the Parties are to file and serve their written closing submissions of fact and law. The written closings are to include any submissions which the Parties may wish to make as to costs.
      Costs budgets
      The Parties’ costs budgets are to be filed and served by no later than 4.00 pm on [ ].
      General
      31. Costs in the case.
      32. Liberty to apply.

       

      Appendix C - Procedural Compliance Statement

       

      Case Details
      Division [select division]
      Case number  

       

             Title of Proceedings
      [First] Claimant [full name]
      [Second Claimant] [include number of Claimants (if more than two)] [#full name #number]
      [First] Defendant [full name]
      [Second Defendant] [include number of Defendants (if more than two)] [#full name #number]

       

      Filing Details
      Filed for [name of party(ies)]
      Legal representative [name]
      Firm [name of firm]
      Firm reference [reference number]
      Contact name [name]
      Contact telephone [telephone]
      Contact email [email address]

      This form must be completed by each party and filed with the Registry (with a copy to all other parties) at least 5 clear days before the progress monitoring date.
      The Court may direct that a case management conference be convened if, in the Court’s view, the information provided in the procedural compliance statement by any party reasonably requires such action.

      Procedural compliance questions
      1. As at the date of signing this form, have you complied with the pre-trial timetable in all respects?
      2. If you have not complied, in what respects have you not complied and why?
      3. Will you be ready for a trial commencing on the fixed trial date (or, where applicable, on the provisional trial dates) specified in the pre-trial timetable?
      4. If you will not be ready, why will you not be ready and have you made an application to the Court for a change to the timetable?

       

      Signature
         
         
      Signature of legal representative __________________________________________
         
      Signature of party if not legally represented __________________________________________
         
      Capacity (if not legal representative or party) [e.g. authorised officer]
         
      Date of signature __________________________________________

       

      Notice to filing party
      Your answers to these questions may be considered by the Court when it deals with the question of costs: see ADGM Court Procedure Rules 2016 Part 24 and Practice Direction 9.

       

      Rule 82

      Appendix D - Pre-Trial Checklist

       

      Case Details
      Division [select division]
      Case number  

       

             Title of Proceedings
      [First] Claimant [full name]
      [Second Claimant] [include number of Claimants (if more than two)] [#full name #number]
      [First] Defendant [full name]
      [Second Defendant] [include number of Defendants (if more than two)] [#full name #number]

       

      Filing Details
      Filed for [name of party(ies)]
      Legal representative [name]
      Firm [name of firm]
      Firm reference [reference number]
      Contact name [name]
      Contact telephone [telephone]
      Contact email [email address]

       

      Trial Details
      Trial date [include start and end date of trial]
      Counsel appearing at trial [include name and chambers (as appropriate)]
      Counsel instructed by [include name of firm (as appropriate)]

       

      Please read the Notes section before completing each question in this form. The answers which you provide in this form are intended to help the Court manage the case in the lead up to, and during the trial of this matter.

      All questions must be answered by a party. A failure by a party to answer a question may be considered by the Court when it deals with the question of costs, or may result in some other sanction being imposed on the defaulting party.

      Wherever relevant, the parties are expected to consult and co-operate to the fullest extent possible on any question which would benefit from a joint discussion between the parties before completing and submitting this form.

      You should note the date by which this checklist must be returned.

       

      A: Procedural compliance / future directions Notes
      1. Have you previously completed a procedural compliance statement in this matter?
      2. If no, or if there is any material change to the answers previously provided, please address here.
      3. Are any further directions required to prepare this case for trial?
      4. If yes, you must attempt to agree proposed directions with all other parties. Whether agreed or not, a draft of the order for directions you seek must accompany this form.
       
      The procedural compliance statement is found at Appendix C to Practice Direction 2.
      B: Witnesses  
      5. Which witnesses of fact do you intend to call to give evidence on your behalf at trial?
      6. Are all witnesses of fact available to attend the hearing in person? If not, please specify with reasons.
      7. Which witnesses of fact from the other parties do you intend to cross-examine at trial?
      It is important for the Court and the other parties to know whether you intend to call all witnesses of fact in respect of which you have submitted a witness statement. Similarly, it is important for the Court and the other parties to know what witness of fact you intend to cross-examine at trial. Each party is also responsible for confirming the availability of its witnesses of fact to attend the trial in person.
       
      C: Experts  
      8. Please provide the following information for any expert evidence you intend to rely on at trial:
      (a) Name.
      (b) Field of Expertise.
      (c) Whether the expert is (i) a party-appointed expert, (ii) a single joint expert, (iii) an assessor.
      (d) Whether permission has been given for use of written expert evidence?
      (e) Whether permission has been given for oral evidence?
      9. If permission has been granted for oral evidence, are the experts available to attend the hearing in person? If not, please specify with reasons.
      10. If applicable, has there been a discussion between experts of common discipline and have they filed a joint expert report?
      11. How is it intended to deal with the expert evidence at trial?
       
      You are reminded that you may not use an expert’s report or have your expert give oral evidence unless the Court has given permission (CPR 142(2)). If you do not have permission, you must make an application.
      If permission has been granted for expert evidence to be given at trial, the parties ought to consider how that expert evidence is best dealt with at the trial. For example:
      • The order and/or manner in which the experts should be called to give evidence.
      • Should one party call all of its expert evidence, followed by each other party calling all of its expert evidence?
      • Should one party call its expert in a particular discipline, followed by the other parties calling their experts in that discipline?
      D: Special arrangements  
      12. Are there any special facilities or arrangements needed at Court for any of the witnesses of fact, experts or parties, or for the trial itself (e.g. anyone with a disability, use of an interpreter, evidence by video-link, real-time transcript)?
      13. Please confirm that appropriate arrangements have been made and whether any directions are required in relation to these matters.
       
       
      E: Trial Bundle  
      14. What is the likely volume of documents for the trial bundle?
      15. Are any additional technological requirements (outside of the eCourts Platform hearing bundle capabilities provided by the Court) required for the trial? If yes, please specify.
       
       
      F: The Trial  
      16. What is the confirmed estimate of the time needed for the trial? Is this consistent with the dates allocated for the trial?
      17. Should the trial proceed on a chess-clock basis?
      18. What is the recommended reading time for the Judge?
      19. You must attempt to agree a proposed trial timetable with all other parties. Whether agreed or not, a draft of the proposed trial timetable must accompany this form.
      The trial timetable should (as applicable) deal with the following matters:
      • opening submissions;
      • sequence of oral evidence; (for example, whether all the factual evidence should be called before the expert evidence);
      • timetabling of oral evidence making allowances for evidence-in-chief, cross-examination and re-examination;
      • the manner in which expert evidence is to be presented or dealt with at trial;
      • closing submissions.
      If there is any day within the trial period that a witness of fact or expert is not available to give oral evidence, this should be noted in the trial timetable (with reasons).
       
      G: Costs’ budgets  
      20. Do you wish to submit a revised costs’ budget in accordance with Section C of Practice Direction 9?
      The parties are encouraged to use the pre-trial review process as an opportunity to review (as applicable) their respective costs’ budgets.
       
      H: Other  
      21. Set out any other information which you consider will help the Judge manage the claim.
       
       

       

      Signature
         
         
      Signature of legal representative __________________________________________
         
      Signature of party if not legally represented __________________________________________
         
      Capacity (if not legal representative or party) [e.g. authorised officer]
         
      Date of signature __________________________________________

       

      Notice to filing party
      Your answers to these questions may be considered by the Court when it deals with the question of costs: see ADGM Court Procedure Rules 2016 Part 24 and Practice Direction 9.

       


      1 In relation to applications for further information, the parties are encouraged to read CPR 54 and Practice Direction 7.
      2 The parties are reminded of the importance that the Court places on the list of issues, as set out in Practice Direction 2.37. With this in mind, the Court will ordinarily expect the parties to deal with the list of issues in the proposed directions.
      3 In relation to disclosure and inspection of documents, the Parties are encouraged to read Practice Direction 2 and Part 13 of CPR.
      4 In relation to witness statements of fact, the Parties are encouraged to read Practice Direction 8 and Part 14 of the CPR.
      5 In relation to expert evidence, the parties are encouraged to read Practice Direction 8 and Part 17 of the CPR.
      Amended July 9, 2020

    • PRACTICE DIRECTION 3 SMALL CLAIMS

      Click here to view a PDF version of Practice Direction 3

      Date re-issued: 2 November 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

      APPLICATION

      This Practice Direction must be read in conjunction with the following Practice Directions:

      Practice Direction 1 — General

      Practice Direction 9 — Costs

      Practice Direction 10 — Offers to Settle

      Practice Direction 13 – Court-annexed Mediation

      To the extent to which the provisions of this Practice Direction differ from or are inconsistent with provisions of other Practice Directions, the provisions of this Practice Direction prevail in relation to all claims that are, or are dealt with as, small claims.

      Part 37 of the CPR contains special provisions dealing with claims in the Small Claims Division.

      Unless the Court orders otherwise, the following provisions shall apply.

      A. SMALL CLAIMS
      Definition
      3.1. A “small claim” is a claim or dispute for US$100,000 or less except for employment claims, all of which must be commenced in the Employment Division.
      Making a claim [r.309]
      3.2. A claim form which commences proceedings in the Small Claims Division shall be in accordance with Form CFI 2.
      3.3. The claim form must:
      (a) state what final orders the claimant seeks;
      (b) include particulars of the claimant’s case in numbered paragraphs within the form, which shall include:
      (i) particulars of the factual matters relevant to the claim;
      (ii) any relevant calculations for the amount or amounts claimed;
      (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
      (c) include the name and address for service of the defendant. Where the defendant is a company, partnership or other entity the claimant shall state the defendant’s registered office or any place of business of the defendant which has a real connection with the claim; and
      (d) where the claim form is to be served outside the jurisdiction, include the grounds on which the claimant is entitled to bring the claim against the defendant.
      3.4. As a general rule, a claim form should not exceed 10 pages (excluding attachments).
      3.5. A copy of any document referred to in the claim form must be attached to the claim form.
      3.6. Rule 310 provides that the registry will serve the claim form on the defendant, unless otherwise directed by the Court.
      Answering a claim and making a counterclaim [r.42, r.43, r.50, r.311 and r.313]
      3.7. For the avoidance of doubt, a defendant is not required to file an acknowledgement of service in relation to a small claim.
      3.8. Rule 311 provides that within 7 days after a defendant is served with a claim form, a defendant must file in accordance with the relevant practice direction:
      (a) an admission in accordance with Rule 42;
      (b) a defence (and any counterclaim);
      (c) an admission and a defence if the defendant admits only part of the claim; or
      (d) an application to dispute the Court’s jurisdiction to try the claim.
      3.9. The defendant may file an admission in accordance with Rule 42, together with any request for time to pay in accordance with Rule 43, in accordance with Form CFI 34.
      3.10. The defence must set out the defendant’s answer to the particulars of the claim advanced by the claimant. A defence shall be in accordance with Form CFI 8.
      3.11. A defendant who wishes to make a counterclaim must:
      (a) state what final orders the defendant seeks by counterclaim;
      (b) include particulars of the counterclaim in numbered paragraphs within the form, which shall include:
      (i) particulars of the factual matters relevant to the counterclaim;
      (ii) any relevant calculations for the amount or amounts claimed;
      (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment.
      3.12. As a general rule, a counterclaim should not exceed 10 pages (excluding attachments). If the counterclaim is of such complexity that it is necessary to exceed this page limit, the defendant must include an index of topics within the particulars of claim.
      3.13. A counterclaim shall be in accordance with Form CFI 9.
      3.14. A copy of any document referred to in the defence or a counterclaim must be attached to the defence or the counterclaim unless that document has previously been uploaded to the eCourts Platform.
      3.15. An application to dispute the Court’s jurisdiction to try the claim must be made by application notice in accordance with Form CFI 12C.
      Reply to a Defence [r.45]
      3.16. The claimant may, if in invited by the court to do so, file a reply to a defence within 7 days after service of the defence and must set out the claimant’s reply to the particulars of the defence.
      3.17. A copy of any document referred to in the reply must be attached to the reply unless that document has previously been uploaded to the eCourts Platform.
      3.18. A reply shall be in accordance with Form CFI 10.
      Defence to any Counterclaim and subsequent Reply [ r.45 and r.311]
      3.19. A party who wishes to defend all or part of any counterclaim must file a defence within 7 days after service of the counterclaim and must set out, that party’s answer to the particulars of the counterclaim.
      3.20. A copy of any document referred to in the defence to counterclaim must be attached to the defence unless that document has been previously uploaded to the eCourts Platform.
      3.21. A defence to counterclaim shall be in accordance with Form CFI 8.
      3.22. A party, if invited by the Court to do so, may file and serve a reply to a defence to counterclaim. Such reply shall be in accordance with Form CFI 10 and must attach a copy of any document referred to in the reply unless that document has previously been uploaded to the eCourts Platform.
      Application for default judgment [r.312]
      3.23. An application for default judgment shall be in accordance with Form CFI 12B and must include:
      (a) the order or orders that the applicant seeks from the Court; and
      (b) the witness statement evidence that the applicant relies on in support of the application.
      3.24. An application for default judgment may be made without notice.
      3.25. A default judgment will be made available to the applicant through the eCourts Platform and will be served by the registry on all other parties to the proceeding.
      3.26. Rule 312(4) provides that a default judgment on a money claim may include interest at the rate agreed between the parties or, if there is no agreed rate, at the rate of 9 per cent from the date the money was due.
      Timetables
      3.27. If or when the Court sets a timetable for the taking of procedural steps in a case, the parties must comply with it.
      3.28. If the parties agree that the timetable should be adjusted the claimant (unless otherwise agreed by the parties) must file a written consent to the adjusted timetable using Form CFI 22.
      3.29. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment sought will not affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment should file and serve a statement using Form CFI 36 setting out its justification for the adjustment it seeks. The other party or parties shall file and serve any response using Form CFI 36 within 4 days of receipt of such statement. The Court will ordinarily resolve that dispute on the papers.
      3.30. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment as sought will affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment must make an application in accordance with Form CFI 12C.
      Order for specific disclosure [r.86]
      3.31. Where a party has good reason to believe that documents held by the other party would be likely to support their case or adversely affect the other party’s case, they may seek an order from the Court for the specific disclosure of such documents, and the Court may make an order for specific disclosure of those documents if it is satisfied that disclosure is necessary in order to dispose fairly of the claim or to save costs.
      Case Management [r.8]
      3.32. An application for specific disclosure must be made by application notice in accordance with Form CFI 12C.
      Order for disclosure against non-party [r.88]
      3.33. Any application made to the Court for disclosure by a person who is not a party to the proceedings must be made in accordance with paragraphs 2.93 - 2.98 of Practice Direction 2.
      Case Management [r.8]
      3.34. The Court may make any order, give any direction or take any step it considers appropriate for the purpose of managing the proceedings.
      Court-ordered mediation [r.306]
      3.35. The Court may, of its own initiative or upon the request of any party, make an order referring the dispute or any part of the dispute to court-annexed mediation, where in the opinion of the Court such order appears appropriate.
      Allocation of hearing date
      3.36. A small claim will be given a hearing date as soon as reasonably possible.
      3.37. The Court will inform the parties of the amount of time allowed for the hearing.
      Preparation for the hearing
      3.38. The parties shall, not less than 7 days before the day fixed for the commencement of the hearing, exchange and file the following documents in accordance with Form CFI 11:
      (a) a written summary of the evidence to be given by each witness that a party intends to call at the hearing;
      (b) a copy of every document that the party will rely upon unless that document has previously been uploaded to the eCourts Platform; and
      (c) an outline of the legal arguments to be relied on, including details of any statutory provisions, cases or text book authority.
      Experts [r.142(2)]
      3.39. No expert may give evidence, whether written or oral, at a hearing without the permission of the Court.
      Conduct of the hearing [r. 8, r.175]
      3.40. The Court may adopt any method of proceedings at a hearing that it considers to be fair.
      3.41. The Court may, if all parties agree, decide the claim without a hearing.
      3.42. The Court may give permission to a party who is not a natural person to be represented by an employee or director who is not a lawyer, on being satisfied that the person is likely to be able to present the party’s case efficiently and to assist the Court in reaching a just result in accordance with the overriding objective set out in Rule 2(2).
      Non-attendance of parties at hearing [r.174]
      3.43. If a party who does not attend a hearing:
      (a) has given written notice to the Court and the other party at least 7 days before the hearing date that the party will not attend; and
      (b) has, in a written notice, requested the Court to decide the claim in that party’s absence and has confirmed that party’s compliance with paragraph 3.38 of this Practice Direction, the Court will take into account that party’s statement of case and any other documents that party has filed and served when it decides the claim.
      3.44. If a claimant neither attends the hearing nor gives notice under paragraph 3.43 of this Practice Direction, the Court may strike out the claim.
      3.45. If a defendant neither attends the hearing nor gives notice under paragraph 3.43 of this Practice Direction, but the claimant either attends the hearing or gives notice under paragraph 3.43, the Court may decide the claim on the basis of the evidence of the claimant alone.
      3.46. If neither party attends or gives notice under paragraph 3.43 of this Practice Direction, the Court may strike out the claim and any defence and counterclaim.
      Interest [r.179]
      3.47. Where interest is payable on a judgment debt and there is no agreed rate, it shall be at the rate of 9 per cent from the date that judgment is given until payment.
      3.48. Subject to any ADGM enactment, where interest is payable on all of any part of a debt or damages in relation to a period prior to, or as at, the date of judgment and there is no agreed rate, it shall be at the rate of 9 per cent.
      Setting aside judgment and re-hearing [r.174(3)]
      3.49. A party who was not present at the hearing of the claim may apply for an order that a judgment be set aside and the claim re-heard.
      3.50. A party who applies for an order that a judgment be set aside must file an application notice in accordance with Form CFI 12C not more than 7 days after the day on which notice of the judgment was served on him.
      3.51. The Court may grant such application only if the applicant:
      (a) had a good reason for not attending the hearing; and
      (b) has a real prospect of success at the hearing.
      3.52. If a judgment is set aside:
      (a) the Court will fix a new hearing date for the claim; and
      (b) the hearing may take place immediately after the hearing of the application to set aside the judgment.
      3.53. A party may not apply to set aside a judgment:
      (a) if the Court dealt with the claim without a hearing under paragraph 3.41 of this Practice Direction; or
      (b) if a party provided written notice under paragraph 3.43 of this Practice Direction.
      Remission or deferral of fees [r.10]
      3.54. Where a party applies for full or part remission, or deferral of payment, of any court fees:
      (a) that party must set out in the relevant application form a statement of the grounds on which that party seeks full or part remission, or deferral of payment, of the court fees;
      (b) a person appointed by the Registrar to decide on a party’s application for remission or deferral of court fees shall decide without any hearing whether to grant that party’s application;
      (c) if a party wishes to dispute a decision on any such application, the party may apply to have the decision reviewed by the Registrar; and
      (d) the Registrar’s decision on review shall be final and not subject to further administrative review.
      B. APPLICATIONS
      Pre-claim applications [r.64(3)]
      3.55. An applicant who wishes to apply to the Court for an urgent interim remedy prior to a claim being filed must file an application notice in accordance with Form CFI 12A, supported by witness statement evidence in accordance with Form CFI 15.
      3.56. The application notice must include or attach:
      (a) the order or orders that the applicant seeks from the Court;
      (b) all witness statements that the applicant relies on in support of the application;
      (c) an undertaking by the applicant to file a claim within 2 days of the issuing of the application notice by the Court; and
      (d) a statement as to whether the applicant requests a without notice hearing of the application and the reasons for the request.
      3.57. Where the application is to be made upon notice, the application notice and witness statement evidence must be served by the applicant on each respondent within 7 days after the filing of such documents, and thereafter the applicant must file a certificate of service in accordance with Form CFI 31 within a further 7 days. For the purpose of this paragraph, service is to be effected by the claimant in accordance with Part 4 of the CPR.
      3.58. A respondent to an application notice must file a notice of appearance in accordance with Form CFI 23 within 7 days of being served with the application notice, if the respondent wishes to raise any matter before the Court in response to the application or in relation to the order(s) sought by the applicant.
      Post claim applications [r.64]
      3.59. Unless specifically provided for in this practice direction, any application to the Court is to be made in accordance with Form CFI 12C.
      3.60. The application notice must include:
      (a) the order or orders that the applicant seeks from the Court;
      (b) the evidence that the applicant relies on in support of the application;
      (c) a statement as to whether the applicant requests:
      (i) a hearing or that the application can be determined without a hearing; and/or
      (ii) an expedited hearing of the application or for the hearing to be without notice, and the reasons for the request.
      Without notice applications [r.64, r.65]
      3.61. Applications made without notice are to be submitted to the Court by email to registry@adgmcourts.com. This paragraph does not apply to an application for default judgment, which must be submitted to the Court via the eCourts Platform.
      3.62. An application may be made without notice if this is permitted by a rule, a practice direction or otherwise is with the Court’s permission. The Court’s permission will be granted only where:
      (a) there is exceptional urgency;
      (b) it is otherwise desirable to do so in the interests of justice; or
      (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application.
      3.63. Where the Court is asked to make an order on an application without notice, the applicant must bring to the Court’s attention any matter which, if the respondent was represented, the respondent would wish the Court to be aware of. This includes any matters which might tend to undermine the application.
      3.64. Where the Court makes an order on an application without notice, whether granting or dismissing an application, the Court may make such orders as it considers appropriate in relation to the service of the order and any other documents on every person against whom an order was sought or made.
      Hearing
      3.65. The Court may give such directions regarding the hearing of an application as it considers appropriate.
      Proceeding without a hearing
      3.66. The Court may deal with any application without a hearing:
      (a) if the parties agree as to the terms of the order;
      (b) if the parties agree that the Court should dispose of the application without a hearing; or
      (c) if the Court does not consider that a hearing would be appropriate.
      Particular Applications
      3.67. Subject to paragraph 3.59, an application:
      (a) for further information is to be dealt with in accordance with the applicable provisions in Practice Direction 7;
      (b) for security for costs is to be dealt with in accordance with the applicable provisions in of Practice Direction 7; and
      (c) to set aside notice of discontinuance is to be dealt with the applicable provisions in Practice Direction 7.
      3.68. A claimant may apply for summary judgment following the filing of a defence in accordance with Form CFI 12C.
      C. APPEALS TO THE COMMERCIAL AND CIVIL DIVISION OF THE COURT OF FIRST INSTANCE
      Form of notice [r.205]
      3.69. A notice of appeal must:
      (a) be filed and served within 14 days of the date of final judgment or order;
      (b) be in accordance with Form CFI 19;
      (c) not exceed 10 pages;
      (d) attach a copy of the reasons given for the judgment or order against which the appeal is brought;
      (e) state the question or questions of law which the appellant alleges arise;
      (f) state in summary form why the appeal should be allowed; and
      (g) state what judgment or order the appellant alleges should have been given or made.
      Response to notice of appeal
      3.70. A party who seeks to respond to a notice of appeal may file and serve on the other parties to the proceedings a written response within 14 days of being served with the notice.
      3.71. Any response to a notice of appeal must:
      (a) be in accordance with Form CFI 20;
      (b) not exceed 10 pages; and
      (c) set out the grounds on which the appeal should be refused.
      3.72. The Court may give written directions to the parties about the further conduct of the appeal.
      Amended on November 2, 2020

    • PRACTICE DIRECTION 4 EMPLOYMENT CLAIMS

      Click herehere to view a PDF version of Practice Direction 4

      Date re-issued: 9 July 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

      APPLICATION

      This Practice Direction must be read in conjunction with the following Practice Directions:
      Practice Direction 1 – General
      Practice Direction 6 – Service of Documents
      Practice Direction 7 – Applications
      Practice Direction 9 – Costs
      Practice Direction 10 – Offers to Settle
      Practice Direction 13 – Court-annexed Mediation

      To the extent to which the provisions of this Practice Direction differ from or are inconsistent with provisions of other Practice Directions, the provisions of this Practice Direction prevail in relation to all employment claims commenced in the Employment Division.

      Unless the Court orders otherwise, the following provisions shall apply.

      A. EMPLOYMENT CLAIMS
      4.1. An “employment claim” is a claim or dispute:
      (a) brought pursuant to or in connection with the ADGM Employment Regulations 2019; or
      (b) relating to any other employment matter to which sub-paragraph (a) does not apply.
      Making a claim [r.27]
      4.2. A claim form which commences proceedings in the Employment Division shall be in accordance with Form CFI 3.
      4.3. The claim form must:
      (a) state what final orders the claimant seeks;
      (b) include particulars of the claimant’s case in numbered paragraphs within the form, which shall include:
      (i) particulars of the factual matters relevant to the claim;
      (ii) any relevant calculations for the amount or amounts claimed;
      (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
      (iv) the propositions of law which entitles the claimant to the final orders sought;
      (c) include the details of, and attach, all documents which record any of the terms of employment between the claimant and the defendant, including letters of offer and acceptance of employment, contracts or agreements for employment and any variations to the terms during the period of employment and any other documents that the claimant seeks to rely on;
      (d) state the claimant’s rate of remuneration prior to the commencement of the claim; and
      (e) state whether the claimant sues in person, by authorised officer or, if represented by a lawyer, the name, address and email address of that lawyer.
      4.4. As a general rule, a claim form should not exceed 15 pages (excluding attachments). If the claim is of such complexity that it is necessary to exceed this page limit, the claimant must include an index of topics within the particulars of claim.
      4.5. Part 4 of the CPR prescribe how a claim form may be served.
      Service out [r.24, r.25 and r.28]
      4.6. A claimant who serves a claim form on a defendant out of the jurisdiction must first file and serve with the claim form a copy of a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction.
      4.7. The notice shall be in accordance with Form CFI 32.
      Answering a claim [r.35, r.36, r.37, r.42, r.43 and r.44]
      4.8. The Rules require that a defendant must file and serve an acknowledgement of service within 14 days after service of the claim form.
      4.9. An acknowledgment of service shall be in accordance with Form CFI 7.
      4.10. The defendant may file and serve an admission in accordance with Rule 42, together with any request for time to pay in accordance with Rule 43, in accordance with Form CFI 34.
      4.11. The Rules also require that a defendant who wishes to defend all or part of a claim must file and serve a defence within 28 days after service of the claim form.
      4.12. The defence must set out the defendant’s answer to the particulars of the claim, including any calculations, and the propositions of law advanced by the claimant.
      4.13. The defence must attach a copy of any document referred to therein unless that document has been previously uploaded to the eCourts Platform.
      4.14. A defence shall be in accordance with Form CFI 8.
      Making a counterclaim [r.50]
      4.15. A defendant who wishes to make a counterclaim must:
      (a) state what final orders the defendant seeks by counterclaim;
      (b) include particulars of the counterclaim in numbered paragraphs within the form, which shall include:
      (i) particulars of the factual matters relevant to the counterclaim;
      (ii) any relevant calculations for the amount or amounts claimed; and
      (iii) particulars of any sum sought by way of interest from a date earlier than the date of judgment;
      (iv) the propositions of law advanced by the defendant; and
      (c) state whether the defendant sues in person, by authorised officer or, if represented by a lawyer, the name, address and email address of that lawyer.
      4.16. The counterclaim must attach a copy of any document referred to therein unless that document has previously been uploaded to the eCourts Platform.
      4.17. As a general rule, a counterclaim should not exceed 15 pages (excluding attachments). If the counterclaim is of such complexity that it is necessary to exceed this page limit, the claimant must include an index of topics within the particulars of claim.
      4.18. A counterclaim shall be in accordance with Form CFI 9.
      Reply to a defence [r.45]
      4.19. A claimant, if invited by the Court to do so, may file and serve a reply to the defence.
      4.20. The reply must attach a copy of any document referred to therein unless that document has previously been uploaded to the eCourts Platform.
      4.21. A reply shall be in accordance with Form CFI 10.
      Defence to any counterclaim and any subsequent reply [r.44 and r.45]
      4.22. A party who wishes to defend all or part of any counterclaim must file and serve a defence to counterclaim within 28 days after service of the counterclaim.
      4.23. The defence to counterclaim must attach a copy of any document referred to therein unless that document has previously been uploaded to the eCourts Platform.
      4.24. A defence to counterclaim shall be in accordance with Form CFI 8.
      4.25. A party, if invited by the Court to do so, may file and serve a reply to a defence to counterclaim. Such reply shall be in accordance with Form CFI 10 and must attach a copy of any document referred to therein unless that document has previously been uploaded to the eCourts Platform.
      Timetables
      4.26. If or when the Court sets a timetable for the taking of procedural steps in a case, the parties must comply with it.
      4.27. If the parties agree that the timetable should be adjusted, the claimant (unless otherwise agreed by the parties) must file a written consent to the adjusted timetable using Form CFI 22.
      4.28. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment sought will not affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment should file and serve a statement using Form CFI 36 setting out its justification for the adjustment it seeks. The other party or parties shall file and serve any response using Form CFI 36 within 4 days of receipt of such statement. The Court will ordinarily resolve that dispute on the papers.
      4.29. If the parties cannot agree to make an adjustment which is sought by either party, and the adjustment as sought will affect or have a consequential impact on the dates fixed for a hearing or a trial, the party seeking the adjustment must make an application in accordance with Practice Direction 7 using Forms CFI 12 and CFI 15.
      Order for specific disclosure [r.86]
      4.30. Where a party has good reason to believe that documents held by the other party would likely support their case or adversely affect the other party’s case, they may seek an order from the Court for the specific disclosure of such documents, and the Court may make an order for specific disclosure of those documents if it is satisfied that disclosure is necessary in order to dispose fairly of the claim or to save costs.
      Order for disclosure against non-party
      4.31. Any application made to the Court for disclosure by a person who is not a party to the proceedings must be made in accordance with paragraphs 2.93 - 2.98 of Practice Direction 2.
      Case Management
      4.32. The Court will convene an initial case management conference within 14 days of the close of pleadings (which in normal course will be after the filing of a defence). Case management conferences will ordinarily be conducted by video or telephone conference as arranged by the Court.
      4.33. At the initial case management conference, the parties' legal representatives (or any party appearing in person) should be in a position to inform the Court of the following:
      (a) the issues likely to arise in the proceedings;
      (b) the number of witnesses, if any, and the provision of witness statements;
      (c) the directions which each party seeks in relation to the pre-hearing steps and any other relevant matters, including any agreement reached between the parties in regard to those directions; and
      (d) any other matter which the parties may wish to bring to the Court's attention to achieve the efficient management of the case to hearing.
      4.34. At the initial case management conference, the Court will:
      (a) decide a timetable for the pre-hearing steps necessary to be taken; and
      (b) fix a hearing date or a provisional hearing date.
      4.35. The Court may make any order, give any direction or take any step it considers appropriate for the purpose of managing the proceedings.
      Court-ordered mediation [r.306]
      4.36. The Court may, of its own initiative or upon the request of any party, make an order referring the dispute or any part of the dispute to court-annexed mediation, where in the opinion of the Court such order appears appropriate.
      Experts [r.142(2)]
      4.37. No expert may give evidence, whether written or oral, at a hearing without the permission of the Court.
      Conduct of the hearing [r.8]
      4.38. The Court may adopt any method of proceedings at a hearing that it considers to be fair.
      4.39. The Court may, if all parties agree, deal with the claim without a hearing.
      Non-attendance of parties at hearing [r.174]
      4.40. If a party who does not attend a hearing:
      (a) has given written notice to the Court and the other party at least 7 days before the hearing date that the party will not attend; and
      (b) has, in a written notice, requested the Court to decide the claim in that party’s absence,
      the Court will take into account that party’s statement of case and any other documents that party has filed and served when it decides the claim.
      4.41. If a claimant neither attends the hearing nor gives notice under paragraph 4.40 of this Practice Direction, the Court may strike out the claim.
      4.42. If a defendant neither attends the hearing nor gives notice under paragraph 4.40 of this Practice Direction, but the claimant either attends the hearing or gives notice under paragraph 4.40, the Court may strike out the defence or counterclaim or both and decide the claim on the basis of the evidence of the claimant alone.
      4.43. If neither party attends or gives notice under paragraph 4.40 of this Practice Direction, the Court may strike out the claim and any defence and counterclaim.
      Interest [r.179]
      4.44. Where interest is payable on a judgment debt and there is no agreed rate, it shall be at the rate of 9 per cent from the date that judgment is given until payment.
      4.45. Subject to any ADGM enactment, where interest is payable on all of any part of a debt or damages in relation to a period prior to, or as at, the date of judgment and there is no agreed rate, it shall be at the rate of 9 per cent.
      Setting aside judgment and re-hearing [r.174(3)]
      4.46. A party who was not present at the hearing of the claim may apply for an order that a judgment be set aside and the claim re-heard.
      4.47. A party who applies for an order that a judgment be set aside must file an application notice in accordance with Practice Direction 7 not more than 7 days after the day on which notice of the judgment was served on him.
      4.48. The Court may grant such application only if the applicant:
      (a) had a good reason for not attending the hearing; and
      (b) has a real prospect of success at the hearing.
      4.49. If a judgment is set aside:
      (a) the Court will fix a new hearing date for the claim;
      (b) the hearing may take place immediately after the hearing of the application to set aside the judgment; or
      (c) the Court may make directions in regard to a new hearing.
      4.50. A party may not apply to set aside a judgment:
      (a) if the Court dealt with the claim without a hearing under paragraph 4.39 of this Practice Direction; or
      (b) if a party provided written notice under paragraph 4.40 of this Practice Direction.
       
      Amended on July 7, 2020

    • PRACTICE DIRECTION 5 PARTICULAR CLAIMS

      Click here to view a PDF version of Practice Direction 5

      Date re-issued: 9 July 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

      This Practice Direction must be read in conjunction with other Practice Directions including, in particular:
      • Practice Direction 2 – Commercial and Civil Claims
      • Practice Direction 3 – Small Claims
      • Practice Direction 4 – Employment Claims
      • Practice Direction 6 – Service of Documents
      • Practice Direction 13 – Court-Annexed Mediation

      Unless the Court orders otherwise, the following provisions shall apply.

      A. GROUP LITIGATION ORDERS
      Procedures [r.63(2)]
      5.1. If a claimant alleges that there are, or are likely to be, a number of claimants making similar claims which give rise to common or related issues of fact or law (“the GLO issues”) the claimant may apply, before or after the commencement of a proceeding in the Court, for a Group Litigation Order (“a GLO”).
      5.2. The application for a GLO must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      5.3. The application notice must specify:
      (a) each issue of fact or law which the claimant alleges is a GLO issue;
      (b) each pending proceeding in the Court in which that GLO issue arises or is likely to arise;
      (c) the claimant’s estimate of the number of persons who have made or are likely to make claims raising one or more of those GLO issues;
      (d) what steps the claimant will allege should be taken to identify which claims are to be managed as a group under the GLO; and
      (e) the terms on which a person may enter a claim on the group register to be managed as one of the group of claims managed under the GLO.
      No default judgment [r.40(1)(e)]
      5.4. A claimant whose claim is entered on the group register may not obtain a default judgment under Rule 39 without the permission of the Court.
      B. CLAIMS FOR DAMAGES FOR PERSONAL INJURY
      Matters to be stated in claim form [r.189]
      5.5. A claimant claiming damages for personal injury must set out the following matters in the claim form:
      (a) date of birth;
      (b) business, profession or occupation at the time of the injury for which he claims damages;
      (c) what amounts are claimed for past costs or expenses, including medical, hospital and like expenses;
      (d) whether the claimant claims any amount for past loss of income and, if so,
      (i) the period of the loss and the amount claimed; and
      (ii) the claimant’s total income in the 12 months immediately preceding the injury for which damages are claimed, and the source and amount of each part of that income;
      (e) whether the claimant claims any amount for loss of future earning capacity and, if so,
      (i) the annual earnings the claimant claims that the damages should be based on; and
      (ii) the discount rate that should be applied to yield a net present value of the alleged loss;
      (f) whether the claimant claims provisional damages; and
      (g) whether the claimant claims that part or all of the damages claimed should take the form of periodical payments.
      Offer to settle a claim for future pecuniary loss [r.164(4)]
      5.6. If an offeror makes a Part 18 offer proposing to settle a claim for damages for personal injury, which is or includes a claim for future pecuniary loss, the offer:
      (a) must state the amount of any offer to pay or to accept the whole or part of any damages in the form of a lump sum;
      (b) may state what part of the lump sum, if any, relates to damages for future pecuniary loss and what part, if any, relates to other damages to be paid or accepted in the form of a lump sum;
      (c) must state what part of the offer relates to damages for future pecuniary loss to be paid or accepted in the form of periodical payments and, if it does, must specify:
      (d) the amount and duration of the periodical payments;
      (i) the amount of any payments for substantial capital purchases and when they are to be made;
      (ii) whether the amount of any of those payments is to vary according to some identified index; and
      (iii) how such damages are to be paid and how the continuity of their payment is to be secured.
      Claims for provisional damages [r.186 and r.187]
      5.7. In any case where a claimant claims provisional damages, the claimant must identify in the claim form:
      (a) why section 35 of the Regulations applies;
      (b) the disease or type of deterioration which the claimant claims the Court should assume, when assessing damages, that the claimant will not develop or suffer; and
      (c) the period within which, or the date from which, the claimant claims that the Court should permit a subsequent application for damages to be made if the claimant develops that disease or suffers that type of deterioration.
      Offer to settle a claim for provisional damages [r.165]
      5.8. If an offeror makes a Part 18 offer proposing to settle a claim for damages for personal injury on terms that the settlement shall include an award of provisional damages, the offer must contain the following information:
      (a) what disease or deterioration the offeror proposes that the claimant should be assumed not to develop or suffer; and
      (b) the period during which, or the date from which, the offeror proposes that a subsequent application for damages is to be made if the claimant develops that disease or suffers that type of deterioration.
      Claims for damages in the form of periodical payments [r.188 and r.189]
      5.9. In any case where a claimant claims damages in the form of periodical payments, the claimant must identify in the claim form:
      (a) why section 51 of the Regulations applies; and
      (b) why the claimant seeks an award of damages in the form of periodical payments.
      5.10. The factors to which the Court shall have regard when deciding whether to make an award of damages in the form of periodical payments include:
      (a) the scale of the annual payments taking into account any deduction for contributory negligence;
      (b) the form of award preferred by the claimant including:
      (i) the reason for the claimant’s preference;
      (ii) the nature of any financial advice the claimant received when considering whether to claim damages by way of periodical payments; and
      (iii) the form of award preferred by the defendant.
      5.11. An order awarding damages in the form of periodical payments must state:
      (a) the annual amount awarded, how each payment is to be made during the year and at what intervals;
      (b) the amount awarded for future loss of earnings and other income;
      (c) the amount allowed for future care and medical costs and other recurring or capital costs;
      (d) that the claimant’s annual future pecuniary losses, as assessed by the Court, are to be paid for the duration of the claimant’s life, or such other period as the Court orders; and
      (e) that the amount of the payments shall vary annually by reference to a stated index.
      5.12. If an amount awarded for future loss of earnings and other income is to increase or decrease on a certain date, the order must also specify:
      (a) the date on which the increase or decrease is to take effect; and
      (b) the method by which the amount of the increase or decrease is to be calculated.
      5.13. In deciding whether special circumstances make an assignment or change of periodical payments necessary, the Court must have regard to such of matters as are relevant to the particular case, bearing in mind the need to ensure that the claimant receives the fullest possible use of and benefit from the payments.
      C. JUDICIAL REVIEW
      Application for permission [r.218(2)] and content of claim form [r.219(2)]
      5.14. An application for permission to bring a claim for judicial review is made by filing a claim form in accordance with Form CFI 4.
      5.15. The claim form is to be served in accordance with Rule 220(2).
      5.16. The claim form must state, in numbered paragraphs:
      (a) what ADGM enactment, decision, action or failure to act the claimant challenges;
      (b) what interest the claimant has in the matter to which the application relates;
      (c) the grounds for the claimant’s challenge;
      (d) where the claimant challenges the lawfulness of a decision, action or failure to act, what person or authority the claimant alleges made the decision, took the action or failed to act;
      (e) what other person or persons is or are interested in the matter to which the application relates;
      (f) what relief the claimant seeks from the Court;
      (g) where the claimant seeks to make a claim for damages, restitution or the recovery of any sum due, the grounds for that claim; and
      (h) the source, nature and extent of the financial resources available, or likely to be available, to the claimant to meet liabilities arising in connection with the application.
      Acknowledgment of service [r.221]
      5.17. An acknowledgment of service of a claim for judicial review must be in accordance with Form CFI 7A.
      Service of evidence [r.229]
      5.18. Evidence on which the claimant seeks to rely, whether in support of his application for permission, or his claim if permission is given, is to be in accordance with Form CFI 15 and must be served with the claim form.
      5.19. Rule 35(2) does not apply to these proceedings, but evidence on which a defendant seeks to rely, whether in opposition to the application for permission or the claim, is to be in accordance with Form CFI 15 and must be served within 21 days after the defendant files and serves an acknowledgment of service.
      Powers of Court [r.230]
      5.20. The Court will conduct hearings proportionately, having regard to the amounts at stake and the complexity of the issues.
      5.21. In managing a case, the Court may make any order, give any direction or take any step it considers appropriate having regard to the circumstances of the case and the overriding objective.
      5.22. The Court may decide, at a preliminary hearing, to refuse permission to bring a claim for judicial review if the Court considers that:
      (a) the claimant has no real prospect of succeeding in the claim for judicial review and there is no other compelling reason why the application for permission should be disposed of after a hearing;
      (b) it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred; or
      (c) the claimant is likely to be unable to meet an order for costs if the claim for judicial review is dismissed.
      No default judgment [r.40(1)(e)]
      5.23. A claimant for judicial review may not obtain a default judgment under Rule 39.
      Obligations of disclosure of documents
      5.24. Neither the claimant nor any defendant to a claim for judicial review need provide disclosure of documents.
      D. DERIVATIVE CLAIMS [r.59 and r.60]
      Documents required to be served on the company
      5.25. Rule 59(3) provides that a derivative claim is commenced by issuing a claim form. A claimant must use Form CFI 44 when making a derivative claim. The company must be made a defendant to the claim.
      5.26. In order to seek permission to continue the claim, as required under Rule 60(1), a claimant must file an application notice in accordance with Form CFI 12 (“permission application”). The company must not be made a respondent to the permission application.
      5.27. The permission application must be supported by the written evidence in accordance with Form CFI 15 that the claimant relies upon to seek the Courts’ permission to continue with the claim.
      5.28. The claimant must notify the company of the claim and the permission application by serving a copy of the following documents upon the company at least 14 days before the date allocated for the hearing of the permission application:
      (a) the claim form;
      (b) the permission application; and
      (c) the written evidence in support of the permission application.
      5.29. A permission application will ordinarily be decided on the papers without further argument or submission.
      E. CONTEMPT
      Application for penalty and service [r.288 and r.290]
      5.30. The application notice making a penalty application:
      (a) under Rule 288 is to be made using Form CFI 12.
      (b) under Rule 290 is to be made by a Rule 30 claim form using Form CFI 6.
      5.31. A penalty application under Rule 288 must be supported by an affidavit and must state:
      (a) what judgment, order or undertaking it is alleged that the respondent has disobeyed;
      (b) when and how a copy of the judgment or order, or judgment or order recording the undertaking, was served on the person alleged to have disobeyed the judgment, order or undertaking or, if the judgment or order was not served, when the Court dispensed with service; and
      (c) when and how the respondent is alleged to have disobeyed that judgment, order or undertaking.
      5.32. A penalty application made under Rule 290 must be accompanied by the following statements and documents:
      (a) the claimant must identify the acts matters and circumstances alleged to constitute an interference with the due administration of justice and identify what proceedings in a court, panel or tribunal the claimant alleges have been, or may have been, affected by that conduct; and
      (b) any document which the claimant proposes to tender in evidence at the trial of the application.
      5.33. A penalty application made under Rule 290 must be served personally on the respondent unless the Court gives permission to serve it in some other manner.
      No default judgment [r 40(1)(e)]
      5.34. An applicant for a penalty under Rule 290 may not obtain a default judgment under Rule 39.
      F. ARBITRATION CLAIMS
      Privacy of arbitration claims [r.231(5)]
      5.35. All arbitration claims are to be heard in closed court.
      5.36. Judgments relating to arbitration claims will ordinarily be published in anonymised form.
      Arbitration claims – Rule 30 procedure [r.231, r.30, r.31 and r.32]
      5.37. An arbitration claim using the Form 30 procedure must be made using Form CFI 28 and must be accompanied by written evidence using Form CFI 15.
      G. APPLICATIONS UNDER AN ADGM ENACTMENT
      5.38. This section does not apply to any proceedings commenced under the Insolvency Regulations 2015.
      5.39. ADGM Enactments, including Article 13(7) of Abu Dhabi Law No. 4 of 2013, provide for certain applications to be made to the Court.
      5.40. An application of the kind referred to in paragraph 5.39 of this Practice Direction is to be made in accordance with any provision made by the relevant ADGM Enactment, but subject to any contrary provision made by an ADGM Enactment, may be made by filing a claim form in accordance with Form CFI 1 or Form CFI 3.
      5.41. Further steps in any proceedings referred to in paragraph 5.39 of this Practice Direction shall be in accordance with the provisions of the relevant ADGM Enactment.
      Amended on July 7, 2020

    • PRACTICE DIRECTION 6 SERVICE OF DOCUMENTS

      Click here to view a PDF version of Practice Direction 6

      Date first issued: 2 November 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

      APPLICATION
      This Practice Direction must be read in conjunction with the following Practice Directions:
      - Practice Direction 1 – General
      - Practice Direction 2 – Commercial and Civil Claims
      - Practice Direction 4 – Employment Claims
      - Practice Direction 5 – Particular Claims
      - Practice Direction 7 – Applications
      - Practice Direction 8 – Evidence
      - Practice Direction 9 – Costs
      - Practice Direction 11 – Appeals
      To the extent to which the provisions of this Practice Direction differ from or are inconsistent with provisions of other Practice Directions, the provisions of this Practice Direction prevail in relation to the service of a claim form. Service of a claim form in the Small Claims Division is dealt with in Part 37 of the CPR and Practice Direction 3.
      Unless the Court orders otherwise, the following provisions shall apply.
      A. INTRODUCTION
      6.1 Subject to Rule 15(1), in relation to documents other than a claim form:
      (a) where a person to be served has access to the eCourts Platform (including through a legal representative), all documents shall be served on that person through the eCourts Platform; and
      (b) where a person to be served does not have access to the eCourts Platform (including through a legal representative), a document may be served on that person under Part 4 of the CPR as if the document were a claim form.
      6.2 The provisions which follow in this Practice Direction relate to the service of a claim form (also known as “service of process”).
      6.3 Service of process is the method by which a party formally is notified that an action against him is pending before the Court. Part 4 of the CPR and this Practice Direction have been developed to provide that, as far as is reasonably possible, a party is notified of the proceedings against him whilst adopting a pragmatic and proportionate approach to service of process. This includes the use of technology to effect service of process.
      6.4 For the purpose of Part 4 and this Practice Direction, a party to the proceedings may use a legal representative or a third party to effect service in lieu of that party effecting service in person, including by means of engaging a courier, process server or like provider.
      6.5 A claimant should avoid serving a claim form on a Friday if the party to be served would likely to take offence. Nothing in this paragraph modifies the time limits within which a party is required to serve a claim form under any rule, practice direction, ADGM enactment or Court order.
      B. PERSONAL SERVICE ON AN INDIVIDUAL [Rule 16]
      6.6 Rules 16(2)(a) and 16(4)(a) provide that if the individual to be served refuses to receive the claim form and the individual is informed of the nature of the document by the server, then the claim form is deemed to have been served on the individual at the time of such refusal if the document is left in his presence. For the purpose of satisfying this requirement, it is sufficient for the individual to be served to be told that the document comprises a claim filed against him in the Court.
      6.7 If the claimant elects to leave the claim form with a person for the purpose of Rule 16(2)(b), then the claimant must include the following in any certificate of service filed pursuant to Rule 21:
      (a) the name of the person who received the document;
      (b) a statement:
      (i) that the person who received the document was, or appeared to be, over the age of 18;
      (ii) that the nature of the document was described to the person;
      (iii) that the person agreed to pass the document onto the individual to be served; and
      (iv) details of the follow up email, text message, WhatssApp (or like message) that was sent for the purpose of Rule 16(3).
      6.8 For the purpose of sub-paragraph 6.7(ii), it shall be sufficient for the person to be told that the document comprises a claim filed against the individual to be served in the Court.
      6.9 For the purpose of sub-paragraph 6.7(iii), the claimant is encouraged to obtain the agreement in writing, and any such agreement shall be appended to the certificate of service.
      6.10 If the claimant elects to affix the claim form on the door or gate of the residence for the purpose of Rule 16(2)(c), then the claimant must include in, or append to, any certificate of service filed pursuant to Rule 21:
      (a) the reason why the claimant elected to affix the claim form on the door or gate;
      (b) the evidence relied on to show that the individual to be served with the document still resides at the place of residence at the time the document was affixed on the door or gate;
      (c) photographic evidence which shows the claim form affixed on the door or gate; and
      (d) details of the follow up email, text message, WhatssApp (or like message) that was sent for the purpose of Rule 16(3).
      6.11 If the claimant elects to leave the claim form with a member of management or a co-worker for the purpose of Rule 16(4)(b), then the claimant must include the following in any certificate of service filed pursuant to Rule 21:
      (a) the name and address of the company, business or other place of work where the document was left, the name of the person who received the document and their position in the company, business or other place of work;
      (b) a statement:
      (i) that the person who received the document was, or appeared to be, over the age of 18;
      (ii) that the nature of the document was described to the person who received the document;
      (iii) that the person agreed to pass the document onto the individual to be served; and
      (iv) details of the follow up email, text message (or like message) that was sent for the purpose of Rule 16(5).
      6.12 For the purpose of sub-paragraph 16(b)(ii), it shall be sufficient for the person who received the document to be told that the document comprises a claim against the individual to be served in the Court.
      6.13 For the purpose of sub-paragraph 16(b)(iii), the claimant is encouraged to obtain the agreement in writing and any such agreement shall be appended to the certificate of service.
      6.14 If the claimant elects to affix the claim form on the door or gate of the individual’s workplace for the purpose of Rule 16(4)(c), then the claimant must include in, or append to, any certificate of service filed pursuant to Rule 21:
      (a) the reason why the claimant elected to affix the claim form on the door or gate of the workplace;
      (b) the evidence relied on to show that the individual to be served with the document still worked at the workplace at the time the document was affixed on the door or gate;
      (c) photographic evidence that the claim form was affixed on the door or gate of the workplace; and
      (d) details of the follow up email, text message, WhatssApp (or like message) that was sent for the purpose of Rule 16(5).
      6.15 For the purpose of Rules 16(2)(c) and 16(4)(c):
      (a) where the claimant elects to affix the claim form to the door or gate of a place of residence or workplace, affix is to include attach, stick, fasten, bind, fix, post, secure, join, connect and couple. If these actions are not reasonably possible, the claimant may place the claim form against the base of the door or gate and secure it by means of a dense object;
      (b) the door or gate of a place of residence may include the front or back door or gate; and
      (c) the door or gate of a workplace is a reference to the main door or gate of the workplace unless, in all the circumstances, it is reasonably necessary to affix the claim form to another door or gate.
      6.16 It is the responsibility of the claimant to take due care when affixing a claim form to a door or a gate. For the avoidance of doubt, the claimant is not authorised or permitted under Part 4 or this Practice Direction to cause damage to a door or a gate when affixing a claim form.
      C. SERVICE ON A COMPANY, PARTNERSHIP OR ANY OTHER ENTITY [Rule 16A]
      6.17 For the purpose of Rule 16A, a claimant who leaves a claim form or sends it by post is encouraged to place it in a sealed envelope and marked to the attention of one of the following:
      (a) in respect of a company, a director, the treasurer, secretary, chief executive, manager or other officer of the company;
      (b) in respect of a partnership, a member of the partnership or other officer of the partnership; or
      (c) in respect of any other entity, in addition to those persons set out in sub-paragraphs (a) and (b), the chairman, president or other officer of the entity.
      6.18 For the purpose of Rule 16A, post shall include registered post.
      6.19 Any certificate of service filed must adequately address the matters set out in paragraph 6.17 above.
      D. EMAIL OR OTHER MEANS OF ELECTRONIC COMMUNICATION [Rule 16B]
      6.20 This section applies to Rule 16B.
      Email
      6.21 Rule 16(B)(3)(a) provides that service of a claim form by email is only permitted if it can be shown that the email account to which the document is sent belongs to the person to be served. Depending on the circumstances, this may be demonstrated by one of, or a combination of, the following:
      (a) the person to be served has provided the email account for the purpose of receiving the document:
      (b) the person to be served has provided the email account as his contact email account in relation to any contractual arrangement entered into between the parties;
      (c) a course of conduct which shows that the person to be served uses the email account;
      (d) an internet, website or social media search which shows that the person to be served holds out the email account as belonging to them;
      (e) any government or official record which shows that the email account belongs to and is being used by the person to be served;
      (f) any other document which shows that the person to be served holds out the email account as belonging to and is being used by them; and
      (g) any other means which reasonably shows that the email account belongs to the person to be served and is still accessed by that person.
      6.22 For the purpose of service on a company, partnership or other entity, the person to be served must fall within the description in paragraph 6.17.
      6.23 Any certificate of service filed must adequately address the matters set out in paragraph 6.21 and shall attach any relevant supporting documents. For the avoidance of doubt, where paragraph 6.21(b) is relied on, the email account shall be deemed as belonging to the person to be served.
      6.24 If the claimant receives a failed delivery notification or an out of message notification in relation to the email sent, service of the document is deemed to have not been effected.
      Mobile SMS, WhatsApp or like messaging
      6.25 Rule 16(B)(3)(b) provides that service of a claim form by mobile text message (SMS) (or like messaging) is only permitted if it can be shown that the mobile number to which the document, or notice of the document, is sent belongs to the person to be served and is still accessed by that person. Depending on the circumstances, this may be demonstrated by one of, or a combination of, the following:
      (a) the person to be served has provided the mobile number for the purpose of receiving the document or notice of the document:
      (b) the person to be served has provided the mobile number as his contact mobile number in relation to any contractual arrangement entered into between the parties
      (c) a course of conduct which shows the person to be served uses the mobile number;
      (d) an internet, website or social media search which shows that the person to be served holds out the mobile number as belonging to them
      (e) any government or official record which shows that the mobile number belongs to and is being used by the person to be served;
      (f) any other document which shows that the mobile number belongs to and is being used by the person to be served; and
      (g) any other means which reasonably shows that the mobile number belongs to and is being used by the person to be served.
      6.26 For the purpose of service on a company, partnership or other entity, the person to be served must fall within the description in paragraph 6.17.
      6.27 For the purpose of Rules 16(3), 16(5), 16(B)(3)(b) and paragraph 6.25:
      (a) “like messaging” includes notification via Messenger and any such like applications;
      (b) “notice” requires the recipient to be notified of the:
      (i) ADGM Courts’ case number;
      (ii) parties to the proceeding;
      (iii) any step that the party served must take, otherwise default judgment may be entered against him; and
      (iv) means by which the recipient can obtain a copy of the claim form.
      6.28 Any certificate of service filed must adequately address the matters set out in paragraphs 6.25 to 6.27 and shall attach any relevant supporting documents. For the avoidance of doubt, where paragraph 6.25(b) is relied on, the mobile number shall be deemed as belonging to the person to be served
      6.29 For the purpose of Rule 16(B)(3)(c):
      (a) “like messaging” has the same meaning as in paragraph 6.27(a); and
      (b) the claimant should seek to agree with the person to be served the email address, mobile number or such other contacts details of the lawyer nominated for the purpose of accepting service of the claim form.
      6.30 If the claimant receives a failed delivery or similar notification in relation to the email, mobile text message, WhatsApp or like message, service of the document is deemed not to have been effected.
      E. PLACE TO SERVE THE CLAIM FORM [Rule 17]
      Proceedings against ADGM and Authorities
      6.31 A document, including a claim form, must be served by email on:
      (b) ADGM Registration Authority, at ra.courtsservice@adgm.com; and
      (c) ADGM Financial Services Regulatory Authority, at fsra.courtsservice@adgm.com.
      F. SERVICE OF DOCUMENTS BY AN ALTERNATIVE METHOD OR AT AN ALTERNATIVE PLACE [Rule 19]
      6.32 In making any application to the Court under Rule 19, the applicant is encouraged to consider alternative methods or places of service that are likely to be effective in bringing the claim form to the attention of the person to be served. In this respect, the applicant ought to consider making use of technology for alternative means of service.
      6.33 For example, the applicant should consider whether the person has any social media accounts which are active where the claim form, or notice of the claim form, could be provided to the person. In making any such application for alternative service, the criteria set out in paragraphs 6.25 to 6.27 are likely to be equally as relevant as if they apply to social media accounts.
      6.34 An application under Rule 19 for service by publication in any newspaper should only be considered as a last resort and should contain evidence that the person to be served is literate in the language of the newspaper in which the advertisement will be placed.
      G. SERVICE OUTSIDE THE JURISDICTON [Rules 15(4), (5), (6), (7), (8), 24 and 25]
      6.35 Subject to Rule 15(7) and for the avoidance of doubt, where a claimant is to effect service of a claim form outside the jurisdiction but within the United Arab Emirates, he is not required to serve the claim form through the court in the jurisdiction where he is seeking to effect service.

    • PRACTICE DIRECTION 7 APPLICATIONS

      Click here to view a PDF version of Practice Direction 7

      Date re-issued: 2 November 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016. (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

      This Practice Direction does not relate to any applications made in respect of insolvency proceedings. Any such applications are to be made in accordance with Practice Direction 14. Applications made in the Small Claims Division are dealt with in Practice Direction 3.

      Unless the Court orders otherwise, the following provisions shall apply.

      A. PRE-CLAIM APPLICATIONS (r.64(3))
      7.1. An application for an urgent interim remedy may be made prior to the filing of a claim on condition that an undertaking is given to the Court to file such a claim within a period of 2 days after the application is filed.
      7.2. An applicant who wishes to apply to the Court for an urgent interim remedy prior to a claim being filed must file an application notice in accordance with Form CFI 12A, supported by witness statement evidence in accordance with Form CFI 15.
      7.3. The application notice must include or attach:
      (a) the order or orders that the applicant seeks from the Court;
      (b) all witness statements that the applicant relies on in support of the application;
      (c) an undertaking by the applicant to file a claim within 2 days of the issuing of the application notice by the Court; and
      (d) a statement as to whether the applicant requests a without notice hearing of the application and the reasons for the request.
      Applications made without notice (r.64 and 65)
      7.4. Applications made without notice are to be submitted to the Court by email to registry@adgmcourts.com.
      7.5. An application may be made without notice if this is permitted by a rule, a practice direction or otherwise is with the Court’s permission. The Court’s permission will be granted only where:
      (a) there is exceptional urgency;
      (b) it is otherwise desirable to do so in the interests of justice; or
      (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application.
      7.6. Where the Court is asked to make an order on an application without notice, the applicant must bring to the Court’s attention any matter which, if the respondent was represented, the respondent would wish the Court to be aware of. This includes any matters which might tend to undermine the application.
      7.7. Where the Court makes an order on an application without notice, whether granting or dismissing an application, the Court may make orders that the applicant serve on every person against whom an order was sought or made:
      (a) the application notice;
      (b) all written material on which the applicant sought to rely in support of his application;
      (c) a transcript of the hearing of the application;
      (d) a copy of the order; and
      (e) notice that any person against whom an order was sought or made may apply to have the order set aside or varied.
      Applications made with notice
      7.8. Where the application is to be made upon notice, the application notice, the witness statement evidence and any other written material on which the applicant may seek to rely at the hearing of the application must be served on each respondent within 7 days after the filing of such documents, and thereafter:
      (a) the applicant must file a certificate of service in accordance with Form CFI 31 within a further 7 days;
      (b) a respondent to an application notice must file a notice of appearance in accordance with Form CFI 23 within 7 days of being served with the application notice, if the respondent wishes to raise any matter before the Court in response to the application or in relation to the order(s) sought by the applicant; and
      (c) the Court may give directions regarding the hearing of the application, including the filing of any evidence in response by the respondent, as the Court considers appropriate.
      Proceeding in the absence of a party
      7.9. If an applicant or respondent to an application does not attend the hearing of the application, the Court may proceed in his absence.
      Proceeding without a hearing
      7.10. The Court may deal with any application without a hearing:
      (a) if the parties agree as to the terms of the order;
      (b) if the parties agree that the Court should dispose of the application without a hearing; or
      (c) if the Court does not consider that a hearing would be appropriate.
      B. POST-CLAIM APPLICATIONS
      Application notice (r.64)
      7.11. A party wishing to make an application to the Court before the trial commences, or after judgment has been given, must file an application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      7.12. The application notice must include or attach:
      (a) the order or orders that the applicant seeks from the Court;
      (b) all witness statements that the applicant relies on in support of the application; and
      (c) whether the applicant requests a hearing of the application and, if so, whether the hearing is to be conducted on a without notice or on an expedited basis including any reasons supporting the request.
      Service of application notice and material in support
      7.13. The applicant must serve the following on each respondent to the application:
      (a) the application notice;
      (b) the witness statement evidence in support;
      (c) notice of any written material previously served on that respondent and on which the applicant may seek to rely at the hearing of the application; and
      (d) any other written material on which the applicant may seek to rely at the hearing of the application.
      Applications made without notice (r.64 and 65)
      7.14. Applications made without notice are to be submitted to the Court by email to registry@adgmcourts.com.
      7.15. An application may be made without notice if this is permitted by a rule, a practice direction or otherwise is with the Court’s permission. The Court’s permission will be granted only where:
      (a) there is exceptional urgency;
      (b) it is otherwise desirable to do so in the interests of justice; or
      (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application.
      7.16. Where the Court is asked to make an order on an application without notice, the applicant must bring to the Court’s attention any matter which, if the respondent was represented, the respondent would wish the Court to be aware of. This includes any matters which might tend to undermine the application.
      7.17. Where the Court makes an order on an application without notice, whether granting or dismissing an application, the Court may make orders that the applicant serve on every person against whom an order was sought or made:
      (a) the application notice;
      (b) all written material on which the applicant sought to rely in support of his application;
      (c) a transcript of the hearing of the application;
      (d) a copy of the order; and
      (e) written notice that any person against whom an order was sought or made may apply to have the order set aside or varied.
      Proceeding in the absence of a party
      7.18. If an applicant or respondent to an application does not attend the hearing of the application, the Court may proceed in his absence.
      Proceeding without a hearing
      7.19. The Court may deal with any application without a hearing:
      (a) if the parties agree as to the terms of the order;
      (b) if the parties agree that the Court should dispose of the application without a hearing; or
      (c) if the Court does not consider that a hearing would be appropriate.
      C. PARTICULAR APPLICATIONS
      General
      7.20. The following directions (relating to some particular applications that may be made before trial) are to be read as supplementing and varying the general directions about applications before trial.
      Application for default judgments [r.39]
      7.21. Subject to paragraph 7.22, an application for default judgment must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence addressing the following:
      (a) the occurrence of the default relied on; and
      (b) that the default has not been remedied.
      All witness statements must be in accordance with Form CFI 15.
      7.22. An application for default judgment may be made without notice if the defendant has failed to file an acknowledgment of service. Any evidence relied on by a claimant in support of his application need not be served on a party who has failed to file an acknowledgment of service.
      7.23. Paragraph 7.14 does not apply to an application for default judgment, which must be submitted to the Court via the eCourts Platform.
      7.24. A default judgment on a money claim may include interest at the rate agreed between the parties or, if there is no agreed rate, at the rate of 9 per cent from the date the money was due.
      Application for further information [r.54]
      7.25. The Court may exercise its powers to order a party to clarify any matter which is in dispute in a proceeding and to give additional information in relation to any such matter having regard to the overriding objective of the Rules: to secure that the ADGM Courts are accessible, fair and efficient.
      7.26. An application for further information must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      7.27. A party seeking an order that another party clarify any matter in dispute or give additional information in relation to any such matter should state in the witness statement how and why the provision of the further information sought is necessary to dispose fairly of the claim.
      Applications for security for costs [r.75 and r.76]
      7.28. An application for security for costs must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      7.29. The Court may order that security for costs be provided where an ADGM enactment permits the Court to require security for costs or if the Court is satisfied that having regard to all the circumstances of the case, it is just to do so.
      7.30. Without limiting paragraph 7.29, the Court may (but is not obliged to) conclude that it would be just to order security for costs if it is satisfied that:
      (a) the claimant is resident out of the UAE;
      (b) the claimant is a company or other body (whether incorporated inside or outside ADGM) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so;
      (c) the claimant has changed his address since the claim was commenced with a view to evading the consequences of the litigation;
      (d) the claimant gave an incorrect address in the claim form;
      (e) the claimant is acting as a nominal claimant, other than as a representative claimant under Rule 57, and there is reason to believe that he will be unable to pay the defendant’s costs if ordered to do so; or
      (f) the claimant has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him.
      7.31. Where an order for security for costs is made, security shall be given in such manner and at the time the Court directs.
      7.32. The Court may also order security for costs of an appeal as it may order security for costs in the circumstances set out in paragraphs 7.29 and 7.30.
      Applications to set aside notice of discontinuance [r.171]
      7.33. An application to set aside a notice of discontinuance must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      7.34. The defendant may not make an application under Rule 171 to set aside a notice of discontinuance more than 28 days after the date when the notice of discontinuance was served on him.
      Amended 2 November 2020

    • PRACTICE DIRECTION 8 EVIDENCE

      Click herehere to view a PDF version of Practice Direction 8

      Date re-issued: 9 July 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

      Unless the Court orders otherwise, the following provisions shall apply.

      A. WITNESS STATEMENTS [r.97]
      8.1. A witness statement must be in accordance with Form CFI 15.
      8.2. A witness statement stands as the evidence in chief of a witness.
      8.3. The evidence in a witness statement must comply with the following requirements:
      (a) it must be in the witness’s own words;
      (b) it must be concise and include all relevant details;
      (c) it must contain only evidence that the witness would be allowed to give orally;
      (d) it must not include lengthy quotations from documents;
      (e) it must not contain argument;
      (f) it must indicate which of the statements are made from the witness’s own knowledge and which are made on information or belief, giving the source for any statement made on information or belief; and
      (g) it must contain a statement by the witness that he believes the information contained in it is true.
      8.4. The making of or causing to be made a false statement in a witness statement without an honest belief in its truth may result in proceedings being brought against the person for a contempt of court.
      B. AFFIDAVITS [r.104]
      An affidavit must be in accordance with Form CFI 14.
      8.6. The provisions in paragraphs 8.3 (a) – (f) and 8.4 also apply to affidavits.
      C. EVIDENCE AT TRIAL AND OTHER HEARINGS

      Witness summons and examination orders [r.120, 123, 124 and 125]
      8.7. An application for a witness summons must be in accordance with Form CFI 16 and may be made without notice.
      8.8. Rule 123 provides that a witness summons must be served personally.
      8.9. Rules 124 and 125 provide that at the time of service of a witness summons or examination order, a witness or deponent must be offered or paid a sum:
      (a) reasonably sufficient to cover his travelling expenses;
      (b) by way of compensation for loss of time and,
      (c) in the case of a witness summons under Rule 124, for costs otherwise incurred in compliance with it.
      8.10. With regards to the sum to be offered or paid to a witness or deponent for the purpose of Rules 124 and 125, the applicant for the witness summons or examination order shall:
      (a) offer or pay to the witness the sum of USD100 at the time the witness is served with the witness summons;
      (b) offer or pay to the deponent the sum of USD100 at the time the deponent is served with the examination order; and
      (c) in all cases, provide an undertaking in the application notice to pay such further sum as may be ordered by the Court.
      Hearsay, credibility, use of plans, photographs, models and other documentary evidence and questions of foreign law [r.112, 114, 115, 116 and 117]
      8.11. Rule 112(3) provides for giving notice of intention to rely on hearsay evidence at trial in relation to all other cases not dealt with by Rules 112(1) or 112(2). For the purpose of Rule 112(3), the party proposing to rely on the hearsay evidence must:
      (a) file and serve the notice in accordance with Form CFI 17 no later than the latest date for serving witness statements; and
      (b) if the hearsay evidence is to be in a document, supply a copy to any party who requests him to do so.
      8.12. Rule 114 provides for a party to apply to the Court for permission to call the maker of a statement that contains hearsay evidence to be cross-examined on the contents of the statement. An application under Rule 114 for permission to call the maker of a statement to be cross-examined must be made not more than 14 days after the day on which a notice of intention to rely on the hearsay evidence was served on the applicant. The application must be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      8.13. Rule 115 provides for giving notice of intention to call evidence to attack the credibility of a person who made a statement of which hearsay evidence is to be given. A notice required by that rule must be filed and served in accordance with Form CFI 17 not more than 14 days after the day on which a hearsay notice relating to the hearsay evidence was served on him.
      8.14. Rule 116(3) provides for notice to be given by a party intending to rely upon evidence which is not contained in a witness statement, affidavit or expert’s report or is a document which may be received in evidence without further proof under section 65 of the Regulations. If the party is to serve witness statements in respect of the hearing at which he intends to rely on such evidence, the notice is to be filed and served in accordance with Form CFI 17 no later than the latest date for serving witness statements. Otherwise, it is to be filed and served at least 21 days before the hearing at which he intends to rely on the evidence.
      8.15. Rule 117(3) provides for giving notice of intention to put in evidence a finding on a question of foreign law. A notice required by that rule must be filed and served in accordance with Form CFI 17 no later than 10 days before the day fixed for the commencement of the hearing or the trial.
      D. LETTERS OF REQUEST TO JUDICIAL AUTHORITIES
      Obtaining evidence from courts outside the jurisdiction [r.130, 137]
      8.16. An application for an order for the issue of a letter of request to take a deposition from a person who is outside the jurisdiction shall be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15. Such witness statement evidence must include or exhibit:
      (a) a statement of the issues relevant to the proceedings;
      (b) a list of the questions or the subject matter of the questions to be put to the proposed deponent; and
      (c) a draft letter of request.
      E. LETTERS OF REQUEST FROM JUDICIAL AUTHORITIES
      Obtaining evidence for courts outside the jurisdiction [r.132, 138]
      8.17. An application for an order for evidence to be taken for a court outside the jurisdiction shall be made by application notice in accordance with Form CFI 26 and must include or exhibit
      (a) the order sought from the Court;
      (b) a statement of the issues relevant to the proceedings;
      (c) a list of the questions or the subject matter of the questions to be put to the proposed deponent; and
      (d) a certified copy of the letter of request from the foreign court and, if applicable, a certified English translation of the request.
      F. EXPERT EVIDENCE [r.140, 141, 142]
      8.18. Part 17 of the Rules makes provisions about expert evidence. The provisions of this Practice Direction amplify and supplement those requirements.
      8.19. Rule 140 provides that it is the duty of experts to help the Court on matters within their expertise and that this duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid. Hence, an expert must provide an opinion that is independent of the party retaining the expert and must not take on the role of advocate for a party.
      8.20. An expert’s report must comply with the requirements of the Rules, including, in particular, the requirements of Rule 141(2).
      8.21. The expert report must be verified by a statement of truth in the following form: “I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer”.
      8.22. The expert report must be signed personally by the expert and filed with the Court using Form CFI 36.
      8.23. The Court decides what expert evidence may be called. Rule 142 provides that expert evidence shall be restricted to that which is reasonably required to resolve the proceedings and further provides that no party may call an expert or put in evidence an expert’s report without the Court’s permission.

    • PRACTICE DIRECTION 9 COSTS

      Click here to view a PDF version of Practice Direction 9

      Date issued: 2 November 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 ("CPR"). Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules and a reference to a Rule is a reference to the CPR.

      Unless the Court orders otherwise, the following provisions shall apply.

      A. INTRODUCTION
      9.1. Part 24 of the Rules provides for Fees and Costs.
      9.2. Rule 195(3) provides that Part 24 of the Rules is subject to any rule or practice direction which sets out special provisions with regard to any particular category of proceeding before the Court.
      9.3. In this Practice Direction:
      (a) Part B applies only to Small Claims;
      (b) Part C applies to all proceedings in the Court of First Instance except for:
      (i) small claims
      (ii) employment claims
      (iii) proceedings using the Rule 30 procedure;
      (iv) a claim for judicial review; and
      (v) an arbitration claim.
      (c) Parts D to G apply to all proceedings in the Court of First Instance other than small claims where the costs in those proceedings are fixed in accordance with Part B.
      9.4. The Court will not order a party to a small claim, an employment claim, or any appeal from those claims, to pay a sum to another party in respect of that other party’s costs, fees and expenses, where the value of the claim does not exceed US$10,000, except:
      (a) such part of any court fees paid by that other party as the Court may consider appropriate; and
      (b) such further costs as the Court may assess by the summary procedure and ordered to be paid by a party who has behaved unreasonably.
      B. SMALL CLAIMS
      Fixed costs for legal representatives
      9.5. The following amounts will be fixed for legal representatives’ costs in proceedings in the Small Claims Division.
      Event Amount USD
      Commencement Costs – where claim form is served on the defendant or defendants 1% of claim amount: minimum of USD300 maximum of USD1,000
      Where judgment in default of a defence is entered under Rule 312 USD300
      Where judgment is entered under Rule 42 either on admission of whole or part of the claim and the claimant accepts the defendant’s proposal as to the manner of payment USD250
      Where judgment is entered under Rule 42 either on admission of whole or part of the claim and the Court decides the date or time of payment USD250
      Where summary judgment is given under Rule 68 1% of judgment amount: minimum of USD300 maximum of USD1000
      Judgment entered for the claimant after trial 5% of judgment amount: minimum of USD1,500 maximum of USD5,000
      Judgment entered for the defendant after trial 5% of claim amount: minimum of USD1,500 maximum of USD5,000
      9.6. Where the only claim is for a specified sum of money and the defendant pays the sum claimed within 7 days after service of the claim on him, together with the commencement costs specified in this table, the defendant is not liable for any further costs.
      9.7. Where a defendant has filed a counterclaim, costs will be allowed to the parties for bringing or defending that counterclaim (in addition to the costs referable to the bringing or defending of the claim) as if the parties to that counterclaim had been claimant and defendant in separate proceedings.
      Fixed costs for litigants in person
      9.8. Litigants in person will be allowed 50% of the amounts allowed for legal representatives set out in the table under paragraph 9.5 in addition to any recoverable disbursements.
      C. COSTS MANAGEMENT ORDERS
      Provision of costs budgets
      9.9. All parties must indicate whether they seek the exchange of costs budgets and must do so not later than 4 days before the initial case management conference.
      9.10. A costs budget must be in accordance with Form COSTS 7 (“the Costs Management Form”). The Costs Management Form must be dated and verified by the legal representative having responsibility for the proceedings on behalf of the party, or by the party if not legally represented.
      9.11. In substantial cases, the Court may direct that costs budgets be limited initially to part only of the proceedings and subsequently extended to cover the whole proceedings.
      Making of Costs Management Order
      9.12. Where costs budgets are filed, the Court will generally make a Costs Management Order.
      9.13. If the Court makes a Costs Management Order, paragraphs 9.12 to 9.19 of this Practice Direction shall apply, whether before or after the making of the Costs Management Order.
      9.14. Save in exceptional circumstances –
      (a) the recoverable costs of initially completing the Costs Management Form shall not exceed the higher of $US2,000 or 1% of the approved or agreed budget; and
      (b) all other recoverable costs of the budgeting and costs management process shall not exceed 2% of the approved or agreed budget.
      9.15. The Court will review any costs budgets filed and, after making any appropriate revisions, record its approval of those budgets in a Costs Management Order. When reviewing budgets, the Court will not undertake a detailed assessment in advance, but rather will consider whether the budgeted costs fall within the range of reasonable costs.
      9.16. As part of the costs management process, the Court may approve costs incurred before the date of any budget. However, such approval of those costs will not affect the Court’s discretion in relation to making orders in connection with such costs at any subsequent stage of the proceedings.
      Review of costs budgets
      9.17. The Court may set a timetable or give other directions for future reviews of budgets.
      9.18. Each party may revise its budget in respect of future costs, if significant developments in the proceedings warrant such revisions. The Court may approve, vary or disapprove the revisions, having regard to such developments which will be recorded in a further Costs Management Order.
      9.19. If interim applications are made which, reasonably, were not included in a budget, then the costs of such interim applications shall be treated as additional to the approved budget.
      D. SUMMARY ASSESSMENT OF COSTS
      9.20. In relation to the standard basis, costs incurred are proportionate if they bear a reasonable relationship to:
      (a) the sums in issue in the proceedings;
      (b) the value of any non-monetary relief in issue in the proceedings;
      (c) the complexity of the litigation;
      (d) the additional work generated by the conduct of the paying party;
      (e) any wider factors involved in the proceedings, such as reputation or public importance; and
      (f) the indicative hourly rates set out in Annexure 1 to this Practice Direction which are designed to provide guidance to parties on charge out rates that are likely to be acceptable to the Court.
      9.21. In relation to any assessment of costs the Court will have regard to:
      (a) whether the costs were reasonably incurred and are reasonable in amount;
      (b) the conduct of all the parties;
      (c) the amount or value of any money or property involved;
      (d) the importance of the matter to all of the parties;
      (e) the particular complexity of the matter or the difficulty or novelty of the questions raised;
      (f) the skill, effort, specialised knowledge and responsibility involved;
      (g) the time spent on the case;
      (h) the place where, and the circumstances in which, work or any part of it was done; and
      (i) the receiving party’s last approved budget.
      9.22. A litigant in person is entitled to costs for the same categories of –
      (a) work; and
      (b) disbursements
      which would have been allowed if the work had been done or the disbursements had been incurred by a legal representative on the litigant in person’s behalf.
      9.23. The amount which may be allowed to a litigant in person under paragraph 9.22(a) is set out in Annexure 1.
      E. DETAILED ASSESSMENT OF COSTS
      9.24. Where a party has been ordered to pay costs and the amount of the costs has not been agreed or the subject of a Costs Management Order, the party to whom the costs are to be paid (the "receiving party") may claim a detailed assessment of the costs.
      Bill of costs
      9.25. The receiving party claims a detailed assessment of the costs by filing and serving on the party ordered to pay the costs (the "paying party") a bill of costs in accordance with Form COSTS 1.
      9.26. The receiving party must, at the same time as service upon the paying party, also serve a copy of the bill of costs on any other relevant person including:
      (a) any person who has taken part in the proceedings which gave rise to the assessment and who is directly liable under an order for costs made against him;
      (b) any person who has given notice in writing to the receiving party that he has a financial interest in the outcome of the assessment and wishes to be a party accordingly; and/ or
      (c) any other person whom the Court orders to be treated as such either on its own motion or on application of either party to the proceedings.
      9.27. A claim for a detailed assessment of costs must be made no later than 3 months after:
      (a) the date of final judgment in the proceedings in which the order was made;
      (b) where a claim for detailed assessment has been stayed pending an appeal, the date of the order lifting the stay;
      (c) the date of service of a notice of discontinuance under Rule 170;
      (d) the date of the dismissal of an application to set aside a notice of discontinuance under Rule 171; or
      (e) within such further time as the Court or a costs officer allows.
      9.28. Where the receiving party fails to commence a claim for detailed assessment within the period required, the paying party may apply for an order requiring the receiving party to commence the claim within such time as the Court may direct. The Court may make directions upon such application that all or part of the costs and any interest to which the receiving party would otherwise be entitled be disallowed if the receiving party fails to commence a claim or detailed assessment within such time as the Court has directed.
      Notice of Dispute
      9.29. A paying party and any other paying party to the claim for detailed assessment who disputes the claim made by the receiving party must file and serve on the receiving party a notice of dispute no later than 28 days after the date of service of the claim for a detailed assessment or such further time as the Court or a costs officer allows.
      9.30. A notice of dispute shall be in accordance with Form COSTS 2 and must state by reference to each item in the bill of costs the amount which the paying party says should be allowed as costs for the item.
      9.31. An extension of the time for making a claim for a detailed assessment of costs or for filing and serving a notice of dispute will be allowed only if it is shown to be in the interests of justice to do so.
      Default Costs Certificates
      9.32. The receiving party may file an application for a default costs certificate if the period for filing a notice of dispute has expired and a notice of dispute has not been filed. An application for a default costs certificate should be in accordance with Form COSTS 6. Where a receiving party obtains a default costs certificate, the costs payable to him for making the application shall be US$160.
      9.33. Upon application by the paying party, the Court must set aside or vary a default costs certificate if the receiving party was not entitled to all or any amount of the costs certified or if it appears to the Court that there is a good reason why the claim for detailed assessment should continue. The application is to be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      Provisional assessment
      9.34. In every case where a claim is made for a detailed assessment of costs, a costs officer will first make a provisional assessment of the amount that should be allowed.
      9.35. A provisional assessment is to be carried out without hearing on the papers provided by the parties.
      9.36. The costs officer who makes a provisional assessment of the amount to be allowed will inform the parties in writing of the outcome of that assessment and the basis or bases on which it was made.
      9.37. A party dissatisfied with a provisional assessment may file and serve on the opposite party, no later than 28 days after the costs officer issued the provisional assessment, a notice of dissatisfaction with the assessment stating, in summary form, the cause or causes of that dissatisfaction. A notice of dissatisfaction shall be in accordance with Form COSTS 3.
      9.38. On the filing of a notice of dissatisfaction, a costs officer will appoint a time for the conduct of a detailed assessment of the costs.
      Guidelines for detailed assessment
      9.39. The detailed assessment of costs is to be conducted by reference to:
      (a) in relation to an assessment on the standard basis, the matters set out in paragraph 9.20;
      (b) in all cases, the matter set out in paragraph 9.21;
      (c) the notice of dispute;
      (d) the provisional assessment; and
      (e) any other matter that the costs officer gives permission to a party to raise.
      Costs of detailed assessment
      9.40. If the amount allowed by the costs officer, after detailed assessment, differs from the provisional assessment by an amount in favour of the party requesting a detailed assessment which is less than one sixth of the provisional assessment, the party seeking the detailed assessment must pay the costs of the detailed assessment.
      9.41. In any other case, the costs of the detailed assessment are to be in the discretion of the costs officer.
      9.42. In exercising that discretion, the costs officer may have regard to the amounts originally claimed by the receiving party and estimated by the paying party to be due.
      F. REVIEW OF COSTS OFFICER'S DECISION
      9.43. Any party to a detailed assessment of costs who is dissatisfied with some or all of the final decision of the costs officer may apply to a Judge for review of the decision. An application for review of the final decision of the costs officer must be made no later than 28 days after the date of such final decision.
      9.44. An application for review is to be made by filing and serving an application notice in accordance with Form COSTS 4, accompanied by such written submissions as the applicant seeks to rely on in support of the application.
      9.45. The applicant’s written submissions must state what part or parts of the costs officer's decision is or are challenged and the basis or bases for that challenge.
      Notice of objection
      9.46. A party who objects to the application for review may do so by filing and serving within 14 days of the service of the application for review, a notice of objection in accordance with Form COSTS 5, accompanied by such written submissions as the objecting party seeks to rely on in opposition to the application.
      9.47. The objecting party’s written submissions must identify which of the bases for challenge are disputed and on what basis or bases.
      9.48. A judge may decide an application for review of the decision of a costs officer without any further submission or hearing.
      G. CERTIFICATE OF COSTS OFFICER
      9.49. A costs officer must certify the amount of costs agreed between parties or allowed following a detailed assessment of costs.
      9.50. If, following a review of the costs officer's decision, the amount allowed is varied, the costs officer must certify the amount as so varied.
       

      ANNEXURE 1
      INDICATIVE HOURLY LEGAL CHARGES

      The rates set out in the following table should be considered a guideline as to rates likely to be acceptable to the Courts when assessing legal representative costs.

      Level of Legal Experience Average Hourly Rate (AED) Average Hourly Rate (AED)
      Trainees up to 5 years 1,750
      Lawyers 6-10 years 2,200
      10 + years 2,450
      Partners 2,800

      The hourly rate likely to be acceptable to the Court when assessing the costs of a litigant in person is AED 150.

    • PRACTICE DIRECTION 10 ENFORCEMENT

      Click here to view a PDF version of Practice Direction 10

      Date issued: 9 July 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

      This Practice Direction must be read in conjunction with all other Practice Directions.

      Unless the Court orders otherwise, the following provisions shall apply.

      A. ARBITRATION
      Recognition and enforcement of an award [r.232 and r.233]
      10.1. An application for recognition or enforcement of an award must be supported by written evidence exhibiting at least the following documents:
      (a) a copy of the executed arbitration agreement; and
      (b) a copy of the award which it is sought to have enforced.
      10.2. An application for recognition or enforcement of an award is to be made in accordance with Form CFI 5. Evidence in support of the application is to be in accordance with Form CFI 15.
      10.3. The Court may give written directions about the further conduct of the application.
      10.4. If an order giving permission to recognise or enforce an award is made by the Court, it must be served in the same way a claim form may be served under Part 4 of the CPR.
      Interest on awards [r.235]
      10.5. An applicant seeking an order for the recognition or enforcement of an award of interest on the whole or part of the award which relates to a period after the date of the award must provide the following particulars in their claim:
      (a) whether simple or compound interest was awarded;
      (b) where rests were provided for, specify them;
      (c) the rate or rates of interest claimed; and
      (d) the period or periods for which each rate of interest is claimed.
      B. RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS OF RECOGNISED COURTS
      10.6. The following directions apply unless otherwise provided for in an applicable treaty, agreement, memorandum of understanding or memorandum of guidance (whether or not any such memorandum be of binding effect) with the relevant jurisdiction.
      10.7. In this section “judgment” includes decisions, orders or arbitral awards that have been recognised or ratified by a recognised court.
      Applications for registration [r.298]
      10.8. An application for registration and enforcement of a judgment of the judicial authorities of the Emirate and the Emirate Members of the United Arab Emirates is made by filing a claim form in accordance with Form CFI 29.
      10.9. An application for registration of a recognised court’s judgment (other than a judgment of the judicial authorities of the Emirate and the Emirate Members of the United Arab Emirates) is made by filing a claim form in accordance with Form CFI 27, supported by witness statement evidence in accordance with Form CFI 15, setting out the following information:
      (a) the name of the judgment creditor and his address for service within ADGM;
      (b) the name of the judgment debtor and his address or place of business, if known;
      (c) confirmation that the judgment is a money judgment;
      (d) the amount in respect of which the judgment remains unsatisfied;
      (e) the grounds on which the judgment creditor is entitled to enforce the judgment;
      (f) whether the judgment can be enforced by execution in the country where it was given;
      (g) where the judgment contains different provisions, some but not all of which can be registered for enforcement, details of those provisions in respect of which it is sought to register the judgment;
      (h) where interest is recoverable under the State in which the judgment was given:
      (i) the law of that State under which interest has become due under the judgment;
      (ii) the amount of interest which has accrued up to the date of the application; and
      (iii) the rate of interest, the date from which it is recoverable and the date on which it ceases to accrue; and
      (i) any matter which, if the judgment debtor was represented, the judgment debtor would wish the Court to be aware of. This includes any matters which might tend to undermine the judgment creditor’s application.
      Security for costs [r.299]
      10.10. Rule 299 provides that a judgment creditor may apply for security for costs as if the judgment creditor was a claimant. Practice Direction 7 sets out certain circumstances in which the Court may conclude that it would be just to order security for costs to an applicant.
      C. ENFORCEMENT OF THE COURT’S ORDERS AND JUDGMENTS
      10.11. An application by a judgment creditor seeking to enforce an order or judgment of the Court by the Court’s deputisation to the judicial authorities of the Emirate must be made in accordance with Form CFI 30.
      Applications for certified copies of judgments [r.302]
      10.12. An application for a certified copy of an order or judgment of the Court must be made in accordance with Form CFI 24 supported by the following:
      (a) a copy of the order or judgment which the applicant seeks to enforce;
      (b) where the applicant seeks to enforce an arbitral award, a copy of any order of the Court recognising the award; and
      (c) a draft of any execution letter which is sought.
      D. EXECUTORY FORMULA
      10.13. The Registry shall not affix an executory formula, for the purpose of recognition or enforcement in any other jurisdiction, to an order or judgment rendered by the Court in respect of the recognition or enforcement of:
      (a) an order or judgment issued by a court outside the Emirate; or
      (b) any arbitral award rendered by a tribunal where the seat is outside the jurisdiction.
      E. COURT-APPOINTED RECEIVERS
      10.14. This Section deals with Court-appointed receivers under Part 28 of the Rules. For provisions dealing with the appointment of a receiver other than by an order of the Court, see Practice Direction 14.
      Application for appointment of receiver [r.238]
      10.15. An application for the appointment of a receiver may be made without notice.
      10.16. An application for the appointment of a receiver is to be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      10.17. The witness statement evidence must:
      (a) explain the reasons why the appointment is required;
      (b) give details of the property which it is proposed that the receiver should get in or manage, including estimates of:
      (i) the value of the property; and
      (ii) the amount of income it is likely to produce;
      (c) if the application is to appoint a receiver by way of equitable execution, give details of:
      (i) the judgment which the applicant is seeking to enforce;
      (ii) the extent to which the debtor has failed to comply with the judgment;
      (iii) the result of any steps already taken to enforce the judgment; and
      (iv) why the judgment cannot be enforced by any other method; and
      (d) if the applicant is asking the Court to allow the receiver to act:
      (i) without giving security; or
      (ii) before he has given security or satisfied the Court that he has security in place;
      explain the reasons why that is necessary.
      10.18. The witness statement evidence should normally identify an individual whom the Court is to be asked to appoint as receiver and should:
      (a) state the name, address and position of the individual;
      (b) include written evidence by a person who knows the individual, stating that he believes the individual is a suitable person to be appointed as receiver, and the basis of that belief; and
      (c) be accompanied by written consent, signed by the individual, to act as receiver if appointed.
      10.19. If the applicant does not nominate a person to be appointed as receiver, or if the Court decides not to appoint the individual nominated, the Court may:
      (a) order that a suitable person be appointed as receiver; and
      (b) direct any party to nominate a suitable individual to be appointed.
      10.20. A party directed to nominate a person to be appointed as receiver must file witness statement evidence in accordance with Form CFI 15 setting out the information required by paragraph 10.18 and attaching the written consent of the individual nominated.
      Discharge of receiver [r.241]
      10.21. An application by a receiver or any party for the receiver to be discharged on completion of his duties shall be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15
      Removal of receiver
      10.22. An application by a receiver or any party for the receiver to be removed or for his appointment to come to an end for any reason other than by way of discharge under Rule 241 shall be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      Receiver’s application for directions [r.242]
      10.23. An application for directions to the Court shall be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      Remuneration of receiver [r.243(4)]
      10.24. The remuneration of a receiver shall be fixed at such sum as is reasonable and proportionate in all the circumstances taking into account the nature, extent and complexity of the receiver’s duties.
      No default judgment [r.40(1)(e)]
      10.25. An applicant for appointment of a receiver may not obtain a default judgment under Rule 39.
      F. METHODS OF ENFORCEMENT
      Enforcing a judgment or order for payment of money [r.246]
      10.26. A judgment or order for the payment of money (including a judgment or order for the payment of costs) may be enforced by any one or more of the following methods:
      (a) taking control of goods;
      (b) attachment of earnings;
      (c) obtaining a third-party debt order;
      (d) charging orders;
      (e) orders for:
      (i) possession of land;
      (ii) sale of land or other property over which the judgment creditor has the benefit of a charge;
      (iii) requiring judgment debtors to provide information about their means or any other matter about which information is needed for enforcement;
      (iv) appointing receivers (as to which see Section E above);
      (f) orders relating to insolvency procedures (as to which see Practice Direction 14).
      Enforcement of decisions of bodies other than the Court [r.250 and r.251]
      10.27. For the purpose of Rules 250(1) and 250(2), a party seeking to enforce a decision of a tribunal, panel, body or person other than the Court must commence that action by filing an enforcement application in accordance with Form CFI 25.
      10.28. Rule 251(3) provides that where an ADGM enactment provides that a decision of a tribunal, panel, body or person other than the Court may be enforced in the same manner as an order of the Court of First Instance if it is registered. An application for registration must be made in accordance with Form CFI 25.
      10.29. Paragraphs 10.27 and 10.28 applymutatis mutandis to the enforcement of a compromise.
      Application to obtain information from judgment debtor [r.253(3) and r.256]
      10.30. An application to obtain information from a judgment debtor must be made by application notice filed in the proceeding in which the relevant judgment or order was obtained. Such an application notice is to be in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, and must state:
      (a) the judgment or order to which the application relates;
      (b) the amount of the judgment debt (including any interest which has accrued) which the judgment creditor alleges to be outstanding; and
      (c) the information which the judgment creditor seeks from the judgment debtor.
      10.31. A party who obtains an order that a person attend Court, must serve the order on that person by personal service in accordance with Part 4 of the CPR.
      10.32. With regards to the sum to be offered or paid to a person for the purpose of Rule 257, the applicant shall:
      (a) offer or pay to the person the sum of USD 50.00 at the time the person is served with the order; and
      (b) in all cases, provide an undertaking in the application notice to pay such further sum as may be ordered by the Court.
      Judgment creditor’s affidavit [r.258(1)]
      10.33. The affidavit or affidavits required to be filed under Rule 258(1) must:
      (a) provide details of how and when the order was served;
      (b) state either that the person ordered to attend the Court has not requested payment of his travelling expenses or the judgment creditor has paid a sum in accordance with such a request; and
      (c) stating how much of the judgment debt remains unpaid.
      Application for third party debt order [r.261]
      10.34. An application for a third party debt order must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, and must state:
      (a) the name and address of the judgment debtor;
      (b) the judgment or order to which the application relates;
      (c) the amount of the judgment debt (including any interest which has accrued) which the judgment creditor alleges to be outstanding;
      (d) if the judgment debt is payable by instalments, the amount of any instalments which have fallen due and remain unpaid;
      (e) the name and address of the third party, and if the third party is a bank, the branch and account number, if known;
      (f) the nature and extent of the debt which the judgment creditor alleges that the third party owes to the judgment debtor; and
      (g) the judgment creditor’s estimate of his costs of the application for a third party debt order.
      Interim third party debt order [r.262]
      10.35. The amount of money specified in an interim third party debt order as the amount which the third party must retain is to be calculated as the sum of:
      (a) the amount of the judgment debt outstanding at the date of the order (including interest accrued to that date);
      (b) an amount equal to a further 7 days’ interest on the judgment debt; and
      (c) the estimate made by the Judge or Court officer making the interim third party debt order of the amount of the judgment creditor’s costs of the application.
      Service of interim third party debt order and associated documents [r.263]
      10.36. Within 3 days of the making of an interim third party debt order the judgment creditor must serve on the third party and the judgment debtor a copy of the interim third party order together with a copy of the application notice and any documents filed in support of the application.
      Obligations of third party served with interim order [r.264]
      10.37. Within 7 days of being served with an interim third party debt order, the third party must file and serve on the judgment creditor a witness statement in accordance with Form CFI 15 disclosing:
      (a) every account which the judgment debtor holds with the third party, stating the balance of each account;
      (b) whether the third party claims not to owe any money to the judgment debtor;
      (c) whether the third party claims to owe less than the amount specified in the interim order; and
      (d) whether the third party claims to be unable to comply with the order and, if so, for what reason.
      Service of evidence on objection to making final order [r.266(3)]
      10.38. Written evidence to be relied on under Rule 266(1) by a judgment debtor or by a third party is to be in accordance with Form CFI 15 and must be filed and served on the judgment creditor and on the judgment debtor or third party (as the case requires) within 14 days of the service of the interim third party debt order.
      10.39. Written evidence to be relied on under Rule 266(2) by a judgment creditor is to be in accordance with Form CFI 15 and must be filed and served on the judgment debtor and on the third party within 7 days of the judgment debtor or the third party filing their written evidence in accordance with Rule 266(1).
      Application for money in court [r.268(1)]
      10.40. If money is standing to the credit of a judgment debtor in Court, a judgment creditor may apply, by application notice filed in the proceeding in which the creditor obtained the judgment or order on which he relies, and served on the judgment debtor, for an order that the money in Court, or so much of it as is sufficient to satisfy the judgment or order and the costs of the application, be paid to him. Any application is to be made using Form CFI 36.
      G. CHARGING ORDERS, STOP ORDERS AND STOP NOTICES
      Application for charging order [r.270]
      10.41. An application for a charging order must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15.
      10.42. An application for a charging order must state:
      (a) the name and address of the judgment debtor;
      (b) the judgment or order of the Court which the applicant seeks to enforce by charging order;
      (c) the amount of money due or to become due under that judgment or order payment of which the applicant seeks to secure by charging order;
      (d) if the judgment debt is payable by instalments, the amount of any instalments which have fallen due and remain unpaid;
      (e) whether the judgment creditor knows of the existence of any other creditors of the judgment debtor, and their names (if known);
      (f) precisely what asset or assets it is sought to charge; and
      (g) the nature of the judgment debtor’s interest in the asset (or in each asset) which the applicant alleges to be sufficient to enable a charging order to be made in respect of that asset.
      Service of interim charging order and associated documents [r.272]
      10.43. Within 3 days of the making of an interim charging order the judgment creditor must serve on the judgment debtor a copy of the order together with a copy of the application notice and all documents filed in support of the application.
      Amount of liability for breach of interim order [r.273(3)]
      10.44. A person served with an interim charging order relating to securities who, without the permission of the Court, permits any transfer of any of the securities will be liable to pay to the judgment creditor such amount as is just and equitable having regard, inter alia, to the fair market value of those securities.
      10.45. A person served with an interim charging order relating to securities who, without the permission of the Court, pays any dividend, interest or redemption payment relating to them will be liable to pay to the judgment creditor an amount equal to the amount of that dividend, interest or redemption payment.
      Application to object to making final charging order [r.275(1)]
      10.46. Unless the Court orders otherwise, any person who objects to the Court making a final charging order may apply to the Court within 14 days of being served with the interim charging order by filing an application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, stating the ground or grounds of objection.
      10.47. An application notice filed in accordance with paragraph 10.46 of this Practice Direction must be served, together with the material on which the objector relies in support of his objection, on the judgment creditor, the judgment debtor and each person served with the interim charging order within 7 days of filing the application notice and material in support.
      Procedure for enforcement of charging order by sale [r.276(2)]
      10.48. A judgment creditor seeking an order for the sale of property to enforce a charging order must use the Rule 30 procedure and file and serve a claim form in accordance with Form CFI 6.
      10.49. The judgment creditor must comply with Rule 32 regarding the filing and service of written evidence required under the Rule 30 procedure.
      10.50. The written evidence filed in support of the claim is to be in accordance with Form CFI 15 and must:
      (a) identify the charging order and the property to be sold;
      (b) state the amount in respect of which the charge was imposed and the amount due at the date of the issue of the claim;
      (c) verify, so far as known, the debtor’s title to the property charged;
      (d) state, so far as the claimant is able to identify:
      (i) the names and addresses of any other creditors who have a prior charge or other security over the property; and
      (ii) the amount owed to each creditor;
      (e) give an estimate of the price which would be obtained on sale of the property; and
      (f) if the claim relates to land, give details of every person who to the best of the claimant’s knowledge is in possession of the property.
      Charging order against the property of a partnership
      10.51. For the purpose of paragraph 10.43 of this Practice Direction (service of interim charging order) the specified documents must in the case of a judgment debtor that is a partnership be served on:
      (a) a member of the partnership; or
      (b) another officer of the partnership.
      10.52. Where an order requires a partnership to appear before the Court, it will be sufficient for a partner to appear before the Court.
      Application for a stop order [r.278]
      10.53. An application for a stop order must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, and must:
      (a) identify the funds in court or the securities in respect of which a stop order is sought;
      (b) state whether the applicant claims as a person having a mortgage or charge on the interest of any person in the funds or as a person to whom that interest has been assigned or as a person who is a judgment creditor of the person entitled to that interest; and
      (c) in the case of securities, whether the applicant claims to be a person beneficially entitled to the securities.
      Content of a stop order relating to securities [r.280]
      10.54. A stop order relating to securities may prohibit all or any of the following steps:
      (a) the registration of any transfer of the securities; and
      (b) the making of any payment by way of dividend, interest or otherwise in respect of the securities.
      Application for stop notice [r.282(2)]
      10.55. An application for a stop notice must be made in accordance with Form CFI 12, supported by witness statement evidence in accordance with Form CFI 15, setting out the following matters:
      (a) the securities in respect of which the stop notice is sought;
      (b) the person or persons upon whom it is proposed to serve the stop notice;and
      (c) a draft stop notice for the purpose of Rule 282(2).
      Withdrawal or discharge of stop notice [r.283(1)]
      10.56. A request for the withdrawal or discharge of a stop notice must be made in accordance with Form CFI 36 setting out the reasons for the request.
      Amended 9 July 2020

    • PRACTICE DIRECTION 11 APPEALS

      Click here to view a PDF version of Practice Direction 11

      Date re-issued: 9 July 2020

      This Practice Direction deals with:
      • applications made to the Court of First Instance for permission to appeal; and
      • applications for permission to appeal, and appeals, made to the Court of Appeal.
      Appeals to the Court of First Instance in relation to Small Claims are dealt with in Practice Direction 3 – Small Claims.

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

      Unless the Court orders otherwise, the following provisions shall apply.

      A. PERMISSION TO APPEAL [r.206, r.207 and r.208]
      Requirement to seek permission to appeal
      11.1. Rule 206(1) provides that a party requires permission to appeal from an order or judgment of a Judge in the Court of First Instance to the Court of Appeal.
      What constitutes an appeal
      11.2. For the purpose of this Practice Direction, “appeal” includes:
      (a) an appeal against the whole or part of an order or judgment; and
      (b) a request for an order to be varied.
      Categories of application for permission to appeal
      11.3. Rule 206(2) provides for the following categories of application for permission to appeal to the Court of Appeal (each a “permission application”):
      (a) permission application made in respect of a case management or interim order;
      (b) permission application made in respect of an order refusing permission to apply for judicial review; and
      (c) permission application made in respect of any other case.
      11.4. For the purpose of Rule 206(2)(a):
      (a) case management order includes an order or direction made under Parts 11 to 15 and 17 of the Rules and includes an order or direction about disclosure, filing of witness statements or experts’ reports, the timetable of the claim and adding a party to a claim and about security for costs; and
      (b) interim order includes an order made under Part 10 of the Rules and includes an order or direction in relation to an interim remedy or an interim payment.
      11.5. Where the application is for permission to appeal from a case management or interim order, the Court may take into account whether:
      (a) the issue is of sufficient significance to justify the costs of an appeal;
      (b) the procedural consequences of an appeal (e.g. loss of trial date) outweigh the significance of the case management or interim order; and
      (c) it would be more convenient to determine the issue at or after trial.
      Threshold test for grant of permission to appeal
      11.6. Rule 208(4) provides that permission to appeal may only be given if the Court considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard.
      Permission application – how made
      11.7. Rules 206(2) and 206(3) prescribe:
      (a) how a permission application is to be made;
      (b) the time limit within which a permission application must be made; and
      (c) the Court which is to hear and determine a permission application.
      11.8. A permission application made to the Court of First Instance should be made to the trial judge.
      11.9. A permission application made under Rules 206(2) or 206(3) must be made:
      (a) to the Court of First Instance, by way of application notice in accordance with Form CFI 38; or
      (b) to the Court of Appeal, by way of application notice in accordance with Form COA 1.
      11.10. The application notice must identify:
      (a) the order or judgment against which it is sought to appeal;
      (b) any order refusing permission to appeal;
      (c) the ground or grounds on which the appeal would be brought;
      (d) the order or orders that would be sought in the appeal; and
      (e) any other application that the applicant wishes to make (unless it is not practical to make such application in the notice).
      11.11. At the same time as it files and serves its application notice, an applicant must file and serve its written argument in support of its permission application.
      11.12. The written argument in support must be in accordance with Form CFI 39 (if filed in the Court of First Instance) or Form COA 2 (if filed in the Court of Appeal) and must:
      (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.13 below;
      (b) attach a copy of:
      (i) the order or judgment against which it is sought to appeal (including any reasons provided for the order or judgment);
      (ii) any order refusing permission to appeal (including any reasons provided for the order);
      (c) set out briefly in chronological form the history of the proceedings;
      (d) identify, as shortly as the circumstances allow, the facts and the issue or issues of law in the proposed appeal;
      (e) set out in summary form the reasons why permission to appeal should be granted;
      (f) in relation to any other application, include a short statement as to why that application should be granted; and
      (g) identify any documents that the applicant intends to rely on.
      11.13. For the purpose of paragraph 11.12(a), the page limit of a written argument in support of a permission application that relates to:
      (a) a case management or interim order, is 6 pages;
      (b) an order refusing permission to apply for judicial review, is 8 pages; and
      (c) any other case, is 12 pages.
      Service
      11.14. The application notice and written argument in support of a permission application must be served by the applicant on all other parties to the proceeding in which the order or judgment which is the subject of the application was made.
      11.15. In relation to a permission application made to the Court of First Instance, service of all documents (including those referred to in paragraph 11.14) is ordinarily effected through the eCourts Platform in accordance with Practice Direction 1.
      11.16. In relation to a permission application made to the Court of Appeal, the applicant must serve the documents referred to in paragraph 11.14 in accordance with Part 4 of the CPR and Practice Direction 6, and file a certificate of service in accordance with Form CFI 31 within 7 days after service.
      11.17. Unless the Court orders otherwise, any respondent who wishes to participate in the permission application made to the Court of Appeal must do so by filing an acknowledgment of service in accordance with Form COA 6:
      (a) in relation to a case management or interim order, within 4 days of being served with the permission application;
      (b) in relation to any other case, within 7 days of being served with the permission application.
      11.18. Thereafter, service of all documents filed in the proceeding is effected through the eCourts Platform in accordance with Practice Direction 1.
      Respondent’s written argument in response
      11.19. A respondent’s written argument in response to a permission application must be in accordance with Form CFI 40 (if filed in the Court of First Instance) or Form COA 3 (if filed in the Court of Appeal) and must;
      (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.18 below;
      (b) set out the reasons why the permission application should be dismissed;
      (c) set out any reasons why any other application made should be dismissed; and
      (d) identify any documents that the respondent intends to rely on.
      11.20. For the purpose of paragraph 11.17(a), the page limit of a written argument in response to a permission application that relates to:
      (a) a case management or interim order, is 6 pages;
      (b) an order refusing permission to apply for judicial review, is 8 pages; and
      (c) any other case, is 12 pages.
      Reply to written argument in response
      11.21. An applicant for permission to appeal may, if invited by the Court to do so, file and serve a written argument in reply to the written argument of the respondent or respondents.
      11.22. The applicant’s written argument in reply must be in accordance with Form CFI 41 (if filed in the Court of First instance) or Form COA 4 (if filed in the Court of Appeal) and must:
      (a) not, without the permission of the Court, exceed 4 pages;
      (b) only seek to reply to the written argument of the respondent or respondents; and
      (c) identify any further documents that the applicant intends to rely on.
      Nature of permission application and materials to be provided
      11.23. The determination of a permission application is summary in nature.
      11.24. As part of any permission application, the parties are encouraged to provide the Court with only those materials that will assist the Court in making a determination as to whether the relevant test for the grant of permission to appeal is met.
      11.25. For example, ordinarily a permission application can, and should, be made and answered without production of any substantial part of the evidence tendered at the hearing which preceded the order or judgment which is challenged. If reference to a document in evidence (for example, the contract which was the subject of the proceedings) or a particular passage of oral evidence is necessary for a proper understanding of the permission application, or any response, the party should (subject to paragraph 11.24) annex that document or that passage of evidence to its written argument.
      Documents to be uploaded to the eCourts Platform
      11.26. Any document referred to by a party in a written argument must be uploaded by that party to the eCourts platform unless the document has previously been uploaded to the eCourts platform in the proceeding to which it relates.
      11.27. Any document uploaded to the eCourts platform under paragraph 11.24 may be appended to the written argument to which it relates. For the avoidance of doubt, any appended document is not to be included in the page count for the purpose of paragraphs 11.13, 11.18 or 11.20.
      Authorities
      11.28. Any authorities to be relied on by a party should be referred to in the party’s written argument.
      11.29. A party is required to upload to the eCourts platform, using Form CFI 36, any authority that it intends to rely on so that it is available to the Court deciding the permission application.
      Disposition of permission application
      11.30. Permission applications before the Court of Appeal will be decided by a panel of three judges.
      11.31. Permission applications will ordinarily be determined on the papers without an oral hearing.
      11.32. The Court considering the permission application may direct that the permission application be referred for further written submissions, or for oral argument, on the question of whether permission should be granted.
      11.33. A permission application may be referred for oral argument as on an appeal.
      11.34. Where more than one party makes a permission application in connection with an order or judgment of the Court, the Court deciding the applications may:
      (a) consolidate the permission applications into the same proceeding;
      (b) determine the applications at the same time; or
      (c) make such orders as it considers appropriate for the efficient determination of the applications.
      11.35. A permission application may be granted, in whole or in part, and with or without conditions.
      11.36. A permission application may be refused, with or without costs.
      11.37. The decision by the Court of Appeal on a permission application may not be challenged by any proceeding in the Court, whether by way of review, appeal or otherwise.
      B. THE APPEAL [r.209, r.209A, r.209B, r.209C and r.211]
      Notice of appeal
      11.38. Without permission of the Court, a notice of appeal may not allege any ground of appeal outside the scope of the grant of permission to appeal.
      11.39. If permission to appeal is given, the appellant must file and serve a notice of appeal in accordance with Form COA 5 within 7 days of the order granting permission to appeal.
      11.40. The notice of appeal must identify:
      (a) the order or judgment against which the appeal is brought;
      (b) the ground or grounds on which the appeal is brought;
      (c) the order or orders sought in the appeal;
      (d) the order granting permission to appeal; and
      (e) any other application that the appellant wishes to make (unless it is not practical to make such application in the notice).
      Service
      11.41. The notice of appeal must be served in accordance with Part 4 of the CPR and Practice Direction 6 on all parties to the proceeding in which the order or judgment which is the subject of the appeal was made.
      11.42. The appellant must file a certificate of service in accordance with Form CFI 31 within 7 days after service of the notice of appeal.
      Appellant’s written argument and proposed appeal bundle index
      11.43. Rule 209(2) prescribes the time limit within which an appellant must file and serve its written argument in support of the appeal. At the same time as it files and serves its written argument in support, an appellant must file and serve its proposed appeal bundle index. Service is to be effected in the same manner as set out in paragraph 11.41.
      11.44. The appellant’s written argument in support of its notice to appeal must be in accordance with Form COA 7 and must:
      (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.44 below;
      (b) attach a copy of:
      (i) the order or judgment against which it is sought to appeal (including any reasons provided for the order or judgment);
      (ii) the order granting permission to appeal (including any reasons provided for the order);
      (c) set out briefly in chronological form the history of the proceedings;
      (d) identify the facts and the issue or issues of law in the appeal;
      (e) set out the reasons why the appeal should be granted;
      (f) set out the reasons why any other application made should be granted; and
      (g) identify any documents that the appellant intends to rely on.
      11.45. For the purpose of paragraph 11.44(a), the page limit of a written argument in support of an appeal that relates to:
      (a) a case management or interim order, is 10 pages;
      (b) an order refusing permission to apply for judicial review, is 12 pages; and
      (c) any other case, is 20 pages.
      Acknowledgment of Service
      11.46. Any respondent who wishes to participate in the proceeding must do so by filing an acknowledgment of service in accordance with Form COA 6:
      (a) in relation to a case management or interim order, within 4 days of being served with the appellant’s written argument in support of the appeal;
      (b) in relation to any other case, within 7 days of being served with the appellant’s written argument in support of the appeal.
      11.47. Thereafter, service of all documents filed in the proceeding is effected through the eCourts Platform in accordance with Practice Direction 1.
      Respondent’s written argument in opposition and proposed revised appeal bundle index
      11.48. Rule 209A prescribes the time limit within which a respondent must file and serve any written argument in response to the appeal. At the same time as it files and serves its written argument in response, a respondent must file and serve any revised appeal bundle index.
      11.49. The respondent’s written argument in response to the appeal must be in accordance with Form COA 8 and must;
      (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.50 below;
      (b) set out the reasons why the appeal should be dismissed;
      (c) contain notice of any intention to support the order or judgment appealed against on a ground or grounds other than the ground or grounds on which the order or judgment is based (and such alternative grounds are to be set out in the written argument);
      (d) set out any reasons why any other application made should be dismissed; and
      (e) identify any documents that the respondent intends to rely on.
      11.50. For the purpose of paragraph 11.49(a), the page limit of a written argument in response to an appeal that relates to:
      (a) a case management or interim order, is 10 pages;
      (b) an order refusing permission to apply for judicial review, is 12 pages; and
      (c) any other case, is 20 pages.
      Appellant’s written argument in reply and further proposed appeal bundle index
      11.51. Rule 209B prescribes the time limit within which an appellant may file and serve any written argument in reply. At the same time as it files and serves any written argument in reply, an appellant must file and serve any further revised appeal bundle index.
      11.52. The appellant’s written argument in reply must be in accordance with Form COA 9 and must:
      (a) not, without the permission of the Court, exceed the page limit referred to in paragraph 11.50 below;
      (b) only seek to reply to the written argument of the respondent or respondents; and
      (c) identify any further documents that the appellant intends to rely on.
      11.53. For the purpose of paragraph 11.52(a), the page limit of a written argument in reply that relates to:
      (a) a case management or interim order, is 4 pages;
      (b) an order refusing permission to apply for judicial review, is 5 pages; and
      (c) any other case, is 10 pages.
      Appeal bundle
      11.54. Within:
      (a) 7 days of the appellant filing and serving its written argument in reply and any further revised appeal bundle index;
      (b) if a respondent has filed a written argument in response and any revised appeal bundle index, and no documents are filed and served under sub-paragraph (a), 3 days of the time limit for filing serving any written argument in reply and further revised appeal bundle index has expired; or
      (c) if no respondent has filed a written argument in response or revised appeal index, 7 days of the time limit for filing and serving the last of any written argument in response and revised appeal index has expired,
      the appellant is to prepare an electronic appeal bundle using the eCourts Platform.
      11.55. Within 3 days of the appeal bundle being prepared, the parties are to file any replacement documents which require cross referencing to the bundle.
      Documents to be uploaded to the eCourts Platform
      11.56. Any document referred to by a party in a written argument, or otherwise to be relied on, must be uploaded by that party to the eCourts platform, unless that document has already been uploaded for the purpose of the appeal).
      11.57. Any document uploaded to the eCourts platform under paragraph 11.56 may be appended to the written argument to which it relates. For the avoidance of doubt, any appended document is not to be included in the page count for the purpose of paragraphs 11.45, 11.50 or 11.53.
      Materials and appeal bundle
      11.58. Parties to an appeal must cooperate in preparing the materials to be made available to the Court for the determination of the appeal ("the appeal record”). The appeal record is to be provided to the Court in the form of an electronic appeal bundle which is to be prepared in accordance with this Practice Direction.
      11.59. Materials should be included in the appeal bundle only if required by this Practice Direction, or for the proper argument and disposition of the appeal.
      11.60. The following materials must be included in the appeal bundle in the following order:
      (a) the order or judgment appealed against (including any reasons provided for the order or judgment);
      (b) the order granting permission to appeal (including any reasons provided for the order);
      (c) the appellant's notice of appeal;
      (d) where they are necessary for understanding the issues and argument in the appeal:
      (i) the parties' statements of case; and
      (ii) the transcript of any relevant part of the evidence given at trial;
      (e) the chronology of events relevant to the appeal;
      (f) the statement of facts as found by, or agreed in, the Court below;
      (g) the appellant's written argument;
      (h) the respondents’ written argument;
      (i) any written argument in reply;
      (j) the appellant’s authorities; and
      (k) the respondents’ authorities.
      11.61. For the purpose of the appeal bundle, the parties are to agree:
      (a) a chronology of events relevant to the appeal; and
      (b) the statement of facts as found by, or agreed in, the Court below.
      11.62. The materials referred to in the paragraph 11.61 should be prepared in neutral terms and the Court expects the parties to consult and agree on their contents so that they can be included in the bundle within the time limits provided for in this Practice Direction.
      11.63. The appeal bundle is to be prepared using the eCourts Platform.
      Authorities
      11.64. Any authorities to be relied on by a party should be referred to in their written argument and, in any event, not less than 5 days before the date fixed for any hearing of the appeal each party to the appeal must file and serve on all other parties a list of the authorities to which that party intends to refer the Court at the hearing of the appeal.
      11.65. A party is required to upload to the eCourts platform, using Form CFI 36, any authority that it intends to rely on so that it is available for inclusion in the appeal bundle.
      Determination of appeal
      11.66. The Court shall make such directions as it considers appropriate for the listing of any appeal for hearing and may fix the time allowed to parties for the presentation of oral argument.
      11.67. Where permission to appeal is granted to more than one party, and an appeal is made by more than one party in connection with an order or judgment of the Court, the Court deciding the appeals may:
      (a) consolidate the appeals into the same proceeding;
      (b) determine the appeals at the same time; or
      (c) make such orders as it considers appropriate for the efficient determination of the appeals.
      11.68. An appeal may be granted, in whole or in part, and with or without conditions.
      Costs
      11.69. If permission to appeal is granted, the costs of the permission application shall be costs in the appeal unless some other order is made either when permission is given or later.
      11.70. The Court may make such order in relation to the costs of the appeal as it considers appropriate.
      C. PROVISIONS OF GENERAL APPLICATION
      11.71. This Practice Direction sets out the page limits for documents. When preparing any document, a party must use:
      (a) not less than 12-point font;
      (b) margins of not less than 20 cm; and
      (c) at least one and a half line spacing.
      Applications
      11.72. Where it is necessary to bring an application before the Court of Appeal, it should be included in the permission application or the notice of appeal. The Court may, as it considers appropriate, deal with the application either before or at the time the permission application or appeal is heard.
      11.73. Where it is not practical to include the application in the permission application or notice of appeal, a party must file and serve an application notice in accordance with Form COA 10 supported by witness statement evidence in accordance with Form COA 12.
      11.74. An application may be made without notice if it is permitted only where it is shown to be in the interests of justice, either generally or in the particular case, that this be allowed.
      11.75. The Court shall make such other directions as are necessary in relation to the application and may deal with any application made before the hearing of the permission application or appeal, or without a hearing if the Court does not consider that a hearing is appropriate or the parties agree that no hearing is appropriate.
      Amended on July 7, 2020

    • PRACTICE DIRECTION 12 FORMS

      Click here to view a PDF version of Practice Direction 12

      Date re-issued: 2 November 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR

      This Practice Direction prescribes Forms referred to in the Rules or Practice Directions.

      INDEX OF FORMS

      Court of First Instance

      CFI 1: Claim Form

      CFI 2: Claim Form (Small Claims)

      CFI 3: Claim Form (Employment)

      CFI 4: Claim Form (Judicial Review)

      CFI 5: Claim Form (Arbitration - Enforcement)1

      CFI 6: Claim Form (Rule 30 Procedure)

      [CFI 44: Claim Form (Derivative Claims)]

      CFI 7: Acknowledgment of Service

      CFI 7A: Acknowledgment of Service (Judicial Review Claims)

      CFI 8: Defence

      CFI 9: Counterclaim

      CFI 10: Reply

      CFI 11: Case Summary (Small Claims)

      CFI 12: Application Notice

      CFI 12A: Application Notice (Pre-Claim Interim Remedy)

      CFI 12B: Application for Default Judgment – Small Claims

      CFI 12C: Application Notice – Small Claims

      CFI 13: Redfern Schedule and Disclosure Statement

      CFI 14: Affidavit

      CFI 15: Witness Statement

      CFI 16: Application for Witness Summons

      CFI 17: Notice of intention to rely on or call certain evidence

      CFI 18: Notice of Discontinuance*

      CFI 19: Notice of Appeal to Commercial and Civil Division (Small Claims)

      CFI 20: Response to Notice of Appeal to Commercial and Civil Division (Small Claims)

      CFI 21: Part 18 Offer

      CFI 22: Consent Orders*

      CFI 23: Notice of Appearance*

      CFI 24: Application for certified copy of Order or Judgment*

      CFI 25: Enforcement Application under ADGM Enactment

      CFI 26: Application for evidence for Courts outside the jurisdiction

      CFI 27: Claim (Application for registration of recognised Court’s judgment)

      CFI 28: Claim (Arbitration Claims – Rule 30 Procedure)

      CFI 29: Claim (Application for registration and enforcement of Judgment of a Court of the United Arab Emirates)

      CFI 30: Application for deputisation of Judgment of ADGM Courts*

      CFI 31: Certificate of Service*

      CFI 32: Notice to Defendant (outside ADGM)*

      CFI 33: Notice of Change of Representation*

      CFI 34: Notice of Admission/ Request for time to pay*

      CFI 35: Application for access to court records*

      CFI 36: General Form*

      CFI 37: Draft Order

      CFI 38: Application to Court of First Instance for Permission to Appeal to Court of Appeal

      CFI 39: Argument in Support of Application for Permission to Appeal to Court of Appeal

      CFI 40: Argument in Response to Application for Permission to Appeal to Court of Appeal

      CFI 41: Argument in Reply in Application for Permission to Appeal to Court of Appeal

      CFI 42: Notice of Intention of Ceasing to Act*

      CFI 43: Notice of Ceasing to Act*

      CFI 44: Claim (Derivative Claims)

      * This form can also be filed in the Court of Appeal

       

      Court of Appeal

      COA 1: Application to the Court of Appeal for Permission to Appeal

      COA 2: Argument in Support of Application for Permission to Appeal

      COA 3: Argument in Response to Application for Permission to Appeal

      COA 4: Argument in Reply in Application for Permission to Appeal

      COA 5: Notice of Appeal

      COA 6: Acknowledgement of Service (Court of Appeal)

      COA 7: Argument in Support of Appeal

      COA 8: Argument in Response to Appeal

      COA 9: Argument in Reply to Appeal

      COA 10: Application Notice (Court of Appeal)

      COA 11: Draft Order (Court of Appeal)

      COA 12: Witness Statement (Court of Appeal)

      COA 13: Part 18 Offer (Court of Appeal)

       

      Costs

      COSTS 1: Bill of Costs

      COSTS 2: Notice of Dispute (Costs)

      COSTS 3: Notice of Dissatisfaction (Costs)

      COSTS 4: Application for Review (Costs)

      COSTS 5: Notice of Objection (Costs)

      COSTS 6: Application for default costs certificate

      COSTS 7: Costs Management Form

       

      Insolvency

      INSOLVENCY 1: Administration application

      INSOLVENCY 2: Witness Statement

      INSOLVENCY 3: Certificate of Service

      INSOLVENCY 4: Insolvency Act Application Notice

      INSOLVENCY 5: Winding-up Petition

      INSOLVENCY 6: Verification of the Petition

      INSOLVENCY 7: Notice of Opposition to Winding-Up Petition

      INSOLVENCY 8: Certificate of Compliance

      INSOLVENCY 9: General Form

      INSOLVENCY 10: Notice of persons Intending to appear

      INSOLVENCY 11: List of appearances

      INSOLVENCY 12: Application for access to court records

      INSOLVENCY 13: Notice of Appearance

       


      1 See Form CFI 28: Claim Form (Arbitration Claims - Rule 30 Procedure) for arbitration claims commenced under Rule 231.

      Amended on November 2, 2020

    • PRACTICE DIRECTION 13 COURT-ANNEXED MEDIATION

      Click herehere to view a PDF version of Practice Direction 13

      Date re-issued: 9 July 2020

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 (“CPR”). Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR and a reference to a Rule is a reference to the CPR.

      Unless the Court otherwise orders, the following provisions shall apply.

      • A. A. Definitions

        • 13.1

          In this Practice Direction:

          (a) "court-annexed mediation" or "mediation" means mediation conducted in accordance with this Practice Direction and includes the entire process from the commencement of the mediation until its termination;
          (b) “dispute” means a dispute between the parties and includes the subject matter of actual proceedings between the parties or any part thereof;
          (c) “mediation agreement” means the agreement that provides the legal basis for the mediation and which is entered into by the parties, the legal representative of the parties (if applicable) and the mediator;
          (d) “mediation session” means a meeting held for the mediation of a dispute;
          (e) “mediator” means the Court officer appointed by the Registrar to act as mediator in a dispute; and
          (f) “party” or “parties” means any party (whether a natural person, corporate entity or otherwise) involved in a dispute which is referred to mediation in accordance with the Rules and this Practice Direction.

      • B. B. Court-Annexed Mediation [r.304]

        • Introduction

          • 13.2

            This Practice Direction applies to disputes that have been referred to court-annexed mediation in accordance with the Rules and this Practice Direction.

            Inserted on February 25, 2019

          • 13.3

            The primary purpose of this Practice Direction is to set out the procedure for court-annexed mediation having regard to the overriding objective that the mediation be conducted in an efficient, expeditious and cost-effective manner.

            Inserted on February 25, 2019

          • 13.4

            Court-annexed mediation is a flexible and confidential process in which the mediator actively assists parties towards a negotiated resolution of a dispute, with the parties in ultimate control of the decision to settle the dispute and of the terms of settlement.

            Inserted on February 25, 2019

        • General provisions

          • 13.5

            All communications in relation to a court-annexed mediation shall be in English. The Court or the mediator may request from the parties a translation of any document written in a language other than English, where such a document is required for the mediator to fulfil his or her mandate in accordance with this Practice Direction.

            Inserted on February 25, 2019

          • 13.6

            Without limiting any other mode of delivery, a party may file or exchange any document required under this Practice Direction in electronic format.

            Inserted on February 25, 2019

        • Referral to mediation Referral to mediation

          • 13.7

            A dispute may be referred to court-annexed mediation:

            (a) voluntarily by all parties prior to or after commencement of proceedings; or
            (b) by an order of the Court.
            Inserted on February 25, 2019

      • C. C. Voluntary Referral to Mediation [r.305]

        • 13.8

          All parties to the dispute may refer their dispute voluntarily to court-annexed mediation (prior to or after commencement of proceedings), provided that the Court ordinarily would have jurisdiction to hear the dispute if proceedings were initiated.

          Inserted on February 25, 2019

        • 13.9

          For the purpose of paragraph 13.8, where the dispute is referred to court-annexed mediation prior to commencement of proceedings, the Registrar will, if required, make an assessment on a prima facie basis as to whether the jurisdictional requirement is satisfied.

          Inserted on February 25, 2019

        • 13.10

          Nothing in paragraphs 13.8 and 13.9 shall prejudice the Court's ability to make a subsequent ruling on jurisdiction in relation to the dispute.

          Inserted on February 25, 2019

        • Voluntary referral: prior to commencement of proceedings

          • 13.11

            Where the parties voluntarily refer the dispute to court-annexed mediation prior to commencement of proceedings, the parties must complete and jointly submit to the Registry a Request for Court-Annexed Mediation in the form attached to this Practice Direction in Schedule A (the “request for mediation”).

            Amended July 9, 2020

          • 13.12

            The request for mediation must be signed by all parties to the dispute (or, as applicable, their legal representatives) and must include:

            (a) the names and contact details of the parties;
            (b) if applicable, the names and contact details of the parties’ legal representatives;
            (c) details of the dispute (which shall be expressed in neutral terms) in summary form (including the type, monetary value and particulars of the dispute);
            (d) if the parties are unable to agree on the details of the dispute, each party may include a separate summary of the details of the dispute and attach it to the request for mediation; and
            (e) any supporting documents upon which the parties intend to rely or which will assist in a settlement being reached at the mediation.
            Amended July 9, 2020

          • 13.13

            The Registry shall acknowledge in writing receipt of the request for mediation.

            Amended July 9, 2020

          • 13.14

            The Registrar may, within his or her sole discretion, reject a request for mediation with no obligation to disclose the reasons for such rejection, and shall notify the parties of that decision in writing.

            Inserted on February 25, 2019

          • 13.15

            The Registrar shall appoint a mediator as soon as is practicable and notify the parties of the appointment of the mediator in writing, at which time the mediation shall be deemed to have commenced.

            Amended July 9, 2020

        • Voluntary referral: after commencement of proceedings

          • 13.16

            Where the parties voluntarily refer the dispute to court-annexed mediation after commencement of proceedings, the parties must file a joint written request with the Registry for the appointment of a mediator (the “request for appointment of mediator”) in the form attached to this Practice Direction in Schedule B.

            Amended July 9, 2020

          • 13.17

            Where the parties voluntarily refer the dispute to court-annexed mediation after commencement of proceedings, the parties must file a joint written request with the Registry for the appointment of a mediator (the "request for appointment of mediator") in the form attached to this Practice Direction in Schedule B.

            Inserted on February 25, 2019

          • 13.18

            The Registrar shall appoint a mediator as soon as is practicable and notify the parties of the appointment of the mediator in writing, at which time the mediation shall be deemed to have commenced.

            Amended July 9, 2020

          • 13.19

            No further steps will be taken by the Court in relation to the request for appointment of mediator unless and until the applicable filing fee has been paid, or any other arrangement for the payment of the applicable filing fee has been approved in writing by the Registrar.

            Amended July 9, 2020

      • D. D. Court Ordered Mediation [r.306]

        • 13.20

          The Court may, at any stage of proceedings, either on its own initiative or upon the application of any party, refer the parties to court-annexed mediation where, in the opinion of the Court, mediation appears appropriate.

          Amended July 9, 2020

        • 13.21

          The Court’s power to refer a dispute to mediation does not depend on the consent of all or any of the parties.

          Amended July 9,2020

        • 13.22

          The Registrar shall appoint a mediator as soon as is practicable and notify the parties of the appointment of the mediator in writing, at which time the mediation shall be deemed to have commenced.

          Amended July 9, 2020

      • E. E. Role and Function of the Mediator

        • 13.23

          Subject to paragraph 13.4, the role of the mediator is to assist the parties in their attempt to achieve a resolution of their dispute, with the parties in ultimate control of the decision to settle the dispute and the terms of the settlement.

          Amended July 9, 2020

        • 13.24

          The mediator shall:
          (a) at any time, prior to or after his or her appointment, disclose all actual and potential conflicts of interest reasonably known to him or her;
          (b) at all times, remain independent and maintain confidentiality in relation to the mediation;
          (c) conduct the mediation fairly and diligently whilst taking into consideration the circumstances of the dispute;
          (d) assist the parties to the best of his or her capabilities to resolve their dispute by:
          (i) facilitating discussions between the parties;
          (ii) assisting the parties in identifying underlying issues;
          (iii) clarifying priorities; and
          (iv) exploring areas of compromise and generating options in an attempt to resolve the dispute.
          Amended July 9, 2020

        • 13.25

          For the assistance of parties, a note on the appointment of court officers as mediators in court-annexed mediations is attached to this Practice Direction in Schedule C.

          Amended July 9, 2020

      • F. F. The Parties

        • 13.26

          It is the duty of each party to act and participate in the mediation in good faith and to use their best efforts to co-operate with each other and with the mediator to enable the mediation to proceed smoothly and to resolve the dispute.

          Amended July 9, 2020

        • 13.27

          Parties should:
          (a) be prepared to treat all participants in the mediation with common courtesy;
          (b) have considered the issues which have priority for them and the possible options for resolving them; and
          (c) have a clear view on what the best outcome would be from the mediation, and also the extent to which they would compromise.
          Amended July 9, 2020

        • 13.28

          Subject to paragraph 13.26, a party may withdraw from the mediation by giving notice of withdrawal in writing to the other party and the mediator.

          Amended July 9, 2020

      • G. G. The Mediation Agreement

        • 13.29

          As soon as practicable after the appointment of the mediator, the parties, the legal representatives of the parties (if applicable) and the mediator shall enter into a mediation agreement in the form attached to this Practice Direction in Schedule D.

          Amended July 9, 2020

        • 13.30

          Without limiting any other provision at law, upon signature of the mediation agreement, the signatories will be deemed to have accepted and will be bound by the terms of the mediation agreement, the Rules and this Practice Direction.

          Amended July 9, 2020

        • 13.31

          For the avoidance of doubt, the parties at all times shall abide by the confidentiality provisions of this Practice Direction notwithstanding that a mediation agreement has not been entered into.

          Amended July 9, 2020

      • H. H. Conduct of the Mediation

        • 13.32

          The Court shall provide the necessary support and assistance required for the effective administration of the mediation, including (as required) organising conference calls, videoconference facilities or a venue for any preliminary meeting between the parties and the mediator prior to the mediation session and a venue for the mediation session.

          Amended July 9, 2020

        • 13.33

          Within 7 days of his or her appointment, the mediator shall schedule as appropriate:

          Amended July 9, 2020

        • 13.34

          In a court ordered mediation, the Court may give directions regulating the practice and procedure to be followed in the mediation.

          Amended July 9, 2020

        • 13.35

          Unless the mediator otherwise indicates:
          (a) the preliminary meeting and/ or the mediation session must be attended by each party and if a party is a corporate or other entity, by an officer of that entity having authority to settle the dispute;
          (b) a party may be accompanied by a legal representative at the preliminary meeting and/ or the mediation session;
          (c) all persons attending the preliminary meeting may do so by telephone, video link or in person; and
          (d) all persons attending the mediation session must do so in person.
          Amended July 9, 2020

        • 13.36

          As soon as practicable after his or her appointment or during the preliminary session, the mediator shall provide instructions to the parties on the exchange of any documents to facilitate the mediation, provided always that such exchange should be proportionate to the amount of the dispute and the circumstances of the parties involved in the dispute.

          Amended July 9, 2020

        • 13.37

          During the preliminary meeting or the mediation session, the mediator must inform the parties of the following:
          (a) the purpose of mediation and its objective to facilitate settlement between the parties;
          (b) the mediator’s role as an impartial and independent third party who cannot make any decisions of fact or law and who cannot determine the credibility of any person participating in the mediation;
          (c) the Rules and this Practice Direction, which govern the mediation;
          (d) the confidentiality of the mediation process as provided in this Practice Direction; and
          (e) any other matters that are relevant to the future conduct of the mediation.
          Amended July 9, 2020

      • I. I. Termination of the Mediation

        • 13.38

          Within 7 days of his or her appointment, the mediator shall schedule as appropriate:
          (a) subject to paragraph 13.26, a party’s withdrawal from the mediation;
          (b) a written settlement agreement is concluded between the parties;
          (c) the mediator notifies the parties in writing that, in the mediator’s opinion, the mediation is unlikely to resolve the dispute between the parties; or
          (d) circumstances have arisen whereby there is no further necessity to continue with the mediation.
          Amended July 9, 2020

      • J. J. Notification After Mediation

        • 13.39

          If a settlement is not reached in the mediation, within 7 days after the termination of the mediation, the mediator shall notify the Registry accordingly.

          Amended July 9, 2020

        • 13.40

          If a settlement is reached in the mediation, within 7 days of the terms of settlement being signed by the parties, the mediator shall notify the Registry that the mediation has resulted in the settlement of the dispute or (if relevant) a part of the dispute, in which case the mediator shall provide a brief description of that part of the dispute which has been settled.

          Amended July 9, 2020

      • K. K. Settlement of Dispute

        • 13.41

          A settlement reached in the mediation will be legally binding only when reduced into writing and signed by or on behalf of each of the parties.

          Amended July 9, 2020

        • 13.42

          Upon the request by or on behalf of all of the parties, and if proceedings have been commenced, the Court will make an order or orders giving effect to any settlement agreement arising out of a court-annexed mediation.

          Amended July 9, 2020

      • L. L. Confidentiality

        • 13.43

          Subject to the provisions of this part, the mediation shall be conducted in confidence and all communications made in the mediation, including information disclosed, views expressed and statements made (whether oral or written), are made on a strictly ‘without prejudice’ basis and shall not be used in any proceedings before any court or other body.

          Amended July 9, 2020

        • 13.44

          Unless required by law or otherwise agreed between the parties in writing:
          (a) save for the fact of the mediation taking or having taken place, all other aspects of and relating to the mediation shall be private and confidential; and
          (b) any settlement agreement between the parties shall be kept confidential, save and except that a party shall have the right to disclose it to the extent that such disclosure is necessary for its implementation or enforcement.
          Amended July 9, 2020

        • 13.45

          Unless required by law or otherwise agreed between the parties in writing, a party shall not produce as evidence nor disclose in any judicial, arbitral or any other type of proceedings:
          (a) any documents, statements or communications which are submitted by another party in the mediation, unless such material can be or has been independently obtained outside of the mediation by the party seeking to produce such material;
          (b) any views expressed, suggestions or offers made by any party in the mediation with regard to the dispute or the possible settlement of the dispute;
          (c) any views or proposals put forward by the mediator in the mediation;
          (d) any admissions made by any party in the mediation; or
          (e) the fact that any party indicated in the mediation that it was ready to offer or accept a proposal for settlement.
          Amended July 9, 2020

        • 13.46

          Unless required by law or unless all parties and the mediator otherwise agree in writing, the mediator shall not give evidence or produce in evidence any records or notes relating to the mediation in any procedings before any court or other body arising out of or in connection with the mediation of a dispute.

          Amended July 9, 2020

      • M. M. Immunity

        • 13.47

          The mediator shall not be liable to any person for any act or omission in connection with the mediation, except to the extent such limitation of liability is prohibited by law.

          Amended July 9, 2020

        • 13.48

          Subject to paragraph 13.47, by participation in a court-annexed mediation the parties thereby waive their right to make any claim against the mediator for any matter in connection with or in relation to the:
          (a) dispute between the parties;
          (b) mediation; and
          (c) services provided by the mediator.
          Amended July 9, 2020

        • 13.49

          The parties agree that the mediator is not an expert for the purpose of Article 257 of Federal Law No (3) of 1987.

          Amended July 9, 2020

        • 13.53 [Deleted]

           

          Deleted July 9, 2020

        • 13.54 [Deleted]

           

          Deleted July 9, 2020

      • N. N. Costs [R.307]

        • 13.50

          If the dispute is referred to mediation pursuant to a court order, in exercising its discretion as to costs in the proceedings the Court may make an order as to the payment of any costs relating to or arising from the mediation by one or more of the parties in such manner as the Court may see fit.

          Amended July 9, 2020

        • 13.51

          In the absence of a court order under paragraph 13.50, the costs of the mediation shall be borne equally by the parties.

          Amended July 9, 2020

        • 13.52

          Nothing in this section shall limit the Courts’ discretion as to costs under Rule 307.

          Amended July 9, 2020

        • 13.55 [Deleted]

           

          Amended July 9, 2020

        • 13.56 [Deleted]

           

          Amended July 9, 2020

        • 13.57 [Deleted]

           

          Amended July 9, 2020

        • 13.58 [Deleted]

           

          Amended July 9, 2020

    • PRACTICE DIRECTION 14 INSOLVENCY

      Click here to view a PDF version of Practice Direction 14

      Date issued: 9 July 2020

      This Practice Direction is to be read with, and subject to, the Insolvency Regulations 2015 (“Regulations”), the ADGM Court Procedure Rules 2016 (“CPR”) and the Divisions and Jurisdiction (Court of First Instance) Rules 2015. This Practice Direction does not set out all of the relevant procedures relating to insolvency proceedings or related matters, and parties must also refer to and comply with any requirements set out in the Regulations.

      The Provisions of the CPR (including any related Practice Directions) apply for the purposes of any Insolvency Proceedings before the Court with any necessary modifications, except so far as disapplied by or inconsistent with this Practice Direction.

      Except as provided otherwise in this Practice Direction, terms have the meanings set out in the CPR or the Regulations, as the case may be. A reference in this Practice Direction to the Registrar of Companies has the same meaning as the Registrar for the purposes of the Regulations. Any reference to a section in this Practice Direction is a reference to a section in the Regulations unless otherwise stated and a reference to a Rule is a reference to the CPR.

      This Practice Direction must be read in conjunction with other Practice Directions including, in particular:

      •   Practice Direction 1 – General
      •   Practice Direction 6 – Service of Documents
      •   Practice Direction 9 – Costs
      •   Practice Direction 11 – Appeals

      Unless the Court orders or directs otherwise, the following provisions shall apply.

      • A. GENERAL PROVISIONS – APPLICATIONS

        Preliminary
        14.1. This Section applies to any application made to the Court under the Regulations or this Practice Direction except:
        (a) a petition for a winding-up order under sections 202 or 203 of the Regulations (see Section I); and
        (b) an application for the appointment of a provisional liquidator (see Section J); and
        Form and contents of application
        14.2. Unless specifically provided for in this practice direction, any application to the Court is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2 and must state:
        (a) that the application is made under the Regulations;
        (b) the section of the Regulations or paragraph of a Schedule to the Regulations or paragraph of this Practice Direction (as the case may be) pursuant to which it is made;
        (c) the names of the parties;
        (d) the name of the Company or non-Abu Dhabi Global Market Company which is the subject of the Insolvency Proceedings to which the application relates;
        (e) where the Court has previously allocated a reference number to the Insolvency Proceedings within which the application is made, that number;
        (f) the nature of the remedy or order applied for or the directions sought from the Court;
        (g) the names and addresses of the persons on whom it is intended to serve the application or that no person is intended to be served;
        (h) where the Regulations or this Practice Direction require that notice of the application is to be given to specified persons, the names and addresses of all those persons (so far as known to the applicant);
        (i) whether the applicant requests a hearing and, if so, whether the applicant requests an expedited hearing of the application or for the hearing to be without notice, and the reason(s) for the request; and
        (j) the applicant’s address for service.
        Filing and service of application
        14.3. On receipt of an application notice containing a request for a hearing the Court will notify the applicant of the time and date for the hearing of the application in a notice of listing.
        14.4. Unless the application is filed without notice, the applicant shall serve a sealed copy of the application on the respondent named in the application (or on each respondent if more than one), along with any notice of listing.
        14.5. Applications made without notice are to be submitted to the Court by email to registry@adgmcourts.com.
        14.6. An application may be made without notice if this is permitted by the Regulations, a rule, a practice direction or otherwise is with the Court’s permission. The Court’s permission will be granted only where:
        (a) there is exceptional urgency;
        (b) it is otherwise desirable to do so in the interests of justice; or
        (c) there are good reasons for making the application without notice, for example, because the notice would or might defeat the object of the application.
        14.7. Where the Court is asked to make an order on an application without notice, the applicant must bring to the Court’s attention any matter which, if the respondent was represented, the respondent would wish the Court to be aware of. This includes any matters which might tend to undermine the application.
        14.8. Where the Court makes an order on an application without notice, whether granting or dismissing an application, the Court may make orders that the applicant serve on every person against whom an order was sought or made:
        (a) the application notice;
        (b) all written material on which the applicant sought to rely in support of his application;
        (c) a transcript of the hearing of the application;
        (d) a copy of the order; and
        (e) notice that any person against whom an order was sought or made may apply to have the order set aside or varied.
        14.9. The Court may give any of the following directions:
        (a) that the application be served upon persons other than those specified by the relevant provision of the Regulations or this Practice Direction;
        (b) that the giving of notice to any person may be dispensed with; and
        (c) that notice be given in some way other than that specified in paragraph 14.4.
        14.10. An application must be served at least 14 calendar days before the date fixed for its hearing unless:
        (a) the provision of the Regulations or this Practice Direction under which the application is made makes different provision; or
        (b) the case is one of urgency to which paragraph 14.11 applies.
        14.11. Where the case is one of exceptional urgency, the Court may (without prejudice to its general power to extend or abridge time limits):
        (a) hear the application immediately, either with or without notice to, or the attendance of, other parties; or
        (b) authorise a shorter period of service than that provided for by paragraph 14.10,
        and any such application may be heard on terms providing for the filing or service of documents, or the carrying out of other formalities, as the Court thinks fit.
        Hearings without notice
        14.12. Where the relevant provisions of the Regulations or this Practice Direction do not require service of the application on, or notice of it to be given to, any person:
        (a) the Court may hear the application as soon as reasonably practicable without fixing a time and date for the hearing as required by paragraph 14.3; or
        (b) it may fix a time and date for the hearing in which case paragraphs 14.3 to 14.11 shall apply to the extent that they are relevant,
        but nothing in those provisions is to be taken as prohibiting the applicant from giving such notice if the applicant wishes to do so.
        Witness statements
        14.13. Subject to paragraphs 14.18 to 14.19, where evidence is required by the Regulations or this Practice Direction as to any matter, such evidence may be provided in the form of a witness statement unless in any specific case the Regulations or a Rule makes different provision.
        14.14. Witness statements must be in accordance with Form Insolvency 2 and must comply with the requirements of Part 14 of the CPR.
        14.15. Where in Insolvency Proceedings a witness statement is made by an Office-holder, the witness statement must state:
        (a) the capacity in which that Office-holder is acting; and
        (b) the address at which that Office-holder works.
        14.16. The Court may, on the application of any party to the matter in question, order the attendance for cross-examination of the person making the witness statement.
        14.17. Where, after such an order has been made, the person in question does not attend, that person’s witness statement must not be used in evidence without the permission of the Court.
        Reports
        14.18. Unless the application involves other parties, a report may be filed in Court instead of a witness statemen by:
        (a) a liquidator;
        (b) an administrative receiver;
        (c) a receiver;
        (d) an administrator (subject to Section C); and
        (e) a provisional liquidator.
        14.19. In any case where a report is filed instead of a witness statement, the report shall be treated for the purposes of paragraph 14.20 and any hearing before the Court as if it were a witness statement.
        Filing and service of witness statements
        14.20. Unless the provision of the Regulations or this Practice Direction under which the application is made provides otherwise, or the Court otherwise allows:
        (a) if the applicant intends to rely at a hearing on evidence in a witness statement, he shall file the witness statement with the Court and serve a copy on the respondent (or on each respondent if more than one);
        (b) where a respondent to an application intends to oppose it and to rely for that purpose on evidence in a witness statement, he shall file the witness statement with the Court and serve a copy on the applicant (or on each applicant if more than one) and on every other respondent; and
        the timetable for the filing and service of witness statements shall be as set out in the Regulations or this Practice Direction, or as directed by the Court.
        Hearing of application
        14.21. Unless the Court otherwise directs, the application will be heard in public in accordance with section 98 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015.
        Adjournment of hearing and directions
        14.22. The Court may adjourn the hearing of an application on such terms as it thinks fit.
        14.23. The Court may at any time give such directions as it thinks fit as to:
        (a) service or notice of the application or any hearing on or to any person;
        (b) whether particulars of claim and defence are to be delivered and generally as to the procedure on the application, including whether a hearing is necessary; and
        (c) the matters to be dealt with in evidence.
        14.24. The Court may give directions as to the manner in which any evidence is to be adduced at a resumed hearing and in particular as to:
        (a) the taking of evidence wholly or partly by witness statement or orally;
        (b) the cross-examination of the maker of a witness statement; and
        (c) any report to be made by an Office-holder.

      • B. ADMINISTRATION

        14.25. A person may be appointed as administrator of a Company:
        (a) by administration order of the Court under section 6 of the Regulations;
        (b) by the holder of a qualifying charge under section 21 of the Regulations; or
        (c) by the Company or its directors under section 29 of the Regulations.
        14.26. This Practice Direction principally deals with applications to the Court for the appointment of an administrator by administration order of the Court (see paragraph 14.25(a)). Save for Section D (paragraph 14.42) and Section E (paragraph 14.43) below, a party who wishes to appoint an administrator out of Court (see paragraphs 14.25(b) or 14.25(c)) must follow the procedure set out in the Regulations.

      • C. APPLICATION TO THE COURT FOR AN ADMINISTRATION ORDER

        Application to the Court for an administration order [sections 6, 8 to 11]
        14.27. An application to the Court for an administration order in respect of a Company is to be made in accordance with Form INSOLVENCY 1.
        14.28. The application must:
        (a) if made by the Company or the directors, state the name of the Company and its address for service, which (in the absence of special reasons to the contrary) is that of the Company’s registered office;
        (b) if made by the directors, state that it is made under section 8(1)(b) of the Regulations;
        (c) if made by a single creditor, including the holder of a qualifying charge, state his name and address for service; or
        (d) if made by two or more creditors, including the holder of a qualifying charge, state that it is so made (naming them).
        14.29. The application must also:
        (a) have attached to it a written statement by each of the persons proposed to be the administrator of the Company stating or containing:
        (i) that he consents to accept appointment;
        (ii) details of any prior professional relationship that he has had with the Company to which he is to be appointed as administrator; and
        (iii) his opinion that it is reasonably likely that the purpose of administration will be achieved,
        (iv) any other matters prescribed in paragraph 46 of Schedule 1 of the Regulations; and
        (b) contain a statement of the applicant’s belief that the Company is, or is likely to become, unable to pay its debts, except where the applicant is the holder of a qualifying charge and is making the application in reliance on section 37 of the Regulations.
        14.30. The application shall be supported by witness statement evidence in accordance with Form INSOLVENCY 2 and must:
        (a) if the application is made by the Company or the directors, be made by one of the directors, or the secretary of the Company, stating himself to make it on behalf of the Company or, as the case may be, on behalf of the directors; or
        (b) if the application is made by creditors, be made by a person acting under the authority of them all, whether or not himself or one of their number and shall state the nature of his authority and the means of his knowledge of the matters to which the witness statement relates.
        14.31. The witness statement shall also contain:
        (a) a statement of the Company’s financial position, specifying (to the best of the applicant’s knowledge and belief) the Company’s assets and liabilities, including contingent and prospective liabilities;
        (b) details of any security known or believed to be held by creditors of the Company, and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver or to appoint an administrator under section 21 of the Regulations. If an administrative receiver has been appointed, that fact shall be stated;
        (c) details of any Insolvency Proceedings in relation to the Company including any petition that has been presented for the winding-up of the Company so far as known to the applicant;
        (d) where it is intended to appoint a number of persons as administrators of a Company, details of the matters set out in section 145(2) of the Regulations regarding the exercise of the function of the administrators of the Company; and
        (e) any other matters which, in the applicant’s opinion, will assist the Court in deciding whether to make such an order, so far as lying within the knowledge or belief of the applicant.
        14.32. Where the administration application is made by the holder of a qualifying charge under sections 37(1), 38(1)(b) or 39(2) of the Regulations, he shall give sufficient details in the witness statement in support to satisfy the Court that he is entitled to appoint an administrator of the Company under section 21 of the Regulations.
        14.33. Where the administration application is made by the holder of a qualifying charge under section 39(2) of the Regulations, or by a liquidator under section 39(4) of the Regulations, the witness statement in support shall also contain (in addition to the matters set out in paragraphs 14.31 and 14.32):
        (a) full details of the existing Insolvency Proceedings, the name and address of the liquidator, the date the liquidator was appointed and by whom;
        (b) the reasons why it has subsequently been considered appropriate that an administration application should be made; and
        (c) any other matters that would, in the applicant’s opinion, assist the Court in deciding whether to make provisions in relation to matters arising in connection with the liquidation.
        Service of application [sections 13 - 16]
        14.34. Service of the application must be made in accordance with sections 13 to 16 of the Regulations.
        14.35. A certificate of service must be made in accordance with Form INSOLVENCY 3.
        Application to the Court by holder of a qualifying charge or a liquidator (special cases) [sections 37(1), 38(1)(b), 39(2) and 39(4)]
        14.36. A holder of a qualifying charge may apply to the Court for an administration order under:
        (a) Section 37(1) of the Regulations;
        (b) Section 38(1)(b) of the Regulations (which is to be read together with Section 17); or
        (c) Section 39(2) of the Regulations.
        14.37. A liquidator may apply to the Court for an administration order under section 39(4) of the Regulations.
        14.38. Section 37 of the Regulations contains special provisions relating to the circumstances in which a holder of a qualifying charge may make an application to the Court for an administration order.
        14.39. Section 38 of the Regulations (which is to be read together with section 17) contains provisions relating to an application to the Court by the holder of a qualifying charge seeking to intervene and have a specified person appointed as administrator (and not the person specified by another administration applicant).
        14.40. Sections 39 and 40 of the Regulations contain provisions relating to the application to the Court for an administration order by the holder of a qualifying charge, or a liquidator, where the Company is in liquidation.
        14.41. In all cases, an application to the Court for an administration order under sections 37(1), 38(1)(b), 39(2) or 39(4) shall:
        (a) be made in accordance with Form Insolvency 1, supported by witness statement evidence in accordance with Form Insolvency 2;
        (b) comply, as applicable, with the requirements set out in paragraphs 14.38 to 14.40; and
        (c) comply with such other requirements set out in Chapter 2 of Part 1 of the Regulations as are applicable including, without limitation, sections 8(2), 10, 12, 13, 14, 15, 16 and 20.

      • D. APPOINTMENT OF AN ADMINISTRATOR BY THE HOLDER OF A QUALIFING CHARGE

        14.42. A holder of a qualifying charge may appoint an administrator pursuant to Chapter 3 of Part 1 of the Regulations without a Court order. For the purpose of any documents to be filed with the Court pursuant to Chapter 3, they must be filed:
        (a) where Insolvency Proceedings have previously been commenced, through the eCourts Platform in accordance with Practice Direction 1; or
        (b) in all other cases, by email to the Registry at registry@adgmcourts.com.

      • E. APPOINTMENT OF AN ADMINISTRATOR BY THE COMPANY OR ITS DIRECTORS

        14.43. A Company or its directors may appoint an administrator pursuant to Chapter 4 of Part 1 of the Regulations without a Court order. For the purpose of any documents to be filed with the Court pursuant to Chapter 4, they must be filed:
        (a) where Insolvency Proceedings have previously been commenced, through the eCourts Platform in accordance with Practice Direction 1; or
        (b) in all other cases, by email to the Registry at registry@adgmcourts.com.

      • F. PRIORITY FUNDING [sections 109A and 109B]

        14.44. An application by an administrator to the Court for an order to permit the obtaining of credit or the incurring of debt on a priority funding basis is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2, and must:
        (a) as applicable, state the matters set out in paragraph 14.2;
        (b) identify the nature of the priority financing to be obtained; and
        (c) where the new security interest is to rank as a matter of priority equally with or above any existing security interest in respect of the same property:
        (i) state that the administrator is unable to obtain such credit otherwise; and
        (ii) set out the basis on which the administrator contends that there will be adequate protection of the interest of the holder of the existing security interest on the property of the insolvent estate on which the security interest is proposed to be granted.
        14.45. The administrator shall, as soon as reasonably practicable after the making of such application, notify each known creditor of the Company that such application has been made or, if that is not practicable in the circumstances, publish a notice of the application on the Registrar of Companies’ website and in an English language newspaper distributed in the United Arab Emirates and available in the Abu Dhabi Global Market.
        14.46. The application will be heard by the Court on the date and time set out in the notice of listing issued by the Court, which shall be included in the notification or notice for purpose of paragraph 14.45.

      • G. SECURITY

        14.47. Security is provided by an administrator by virtue of the fact that the administrator is licensed as an insolvency practitioner under the Commercial Licensing Regulations 2015.

      • H. RECEIVERS

        14.48. A receiver may be appointed:
        (a) upon application to the Court in accordance with Part 28 of the CPR;
        (b) by a person in accordance with Part 2 of the Regulations.
        Court-appointed receiver
        14.49. Any application to the Court in relation to a Court-appointed receiver, including in relation to an application to the Court for the appointment of a receiver, is to be made in accordance with Part 28 of the CPR and Practice Direction 10.
        Receiver appointed under Part 2 of the Regulations
        14.50. A receiver may be appointed by a person under Part 2 of the Regulations without applying to the Court for an order. However, Part 2 contemplates that certain applications may be made to the Court during the course of the receivership. Any such application to the Court under Part 2 of the Regulations is to be made in accordance with Form INSOLVENCY 4, supported by witness statement evidence in accordance with Form INSOLVENCY 2.
        Security
        14.51. Security is provided by a receiver by virtue of the fact that the receiver is licensed as an insolvency practitioner under the Commercial Licensing Regulations 2015.

      • I. WINDING UP

        14.52. The winding-up of a Company may either be voluntary or by the Court, both of which are dealt with in Part 3 of the Regulations.

        14.53. This Practice Direction (and Section H below) deals with the winding-up of a Company by the Court.

      • J. PETITION TO THE COURT FOR A WINDING-UP ORDER

        Injunction to restrain presentation or advertisement of petition
        14.54. An application may at any time be made by a Company for an injunction to restrain a person from:
        (a) presenting a petition for the winding up of a Company; or
        (b) advertising a petition for the winding up of a Company.
        14.55. Such application should be made in accordance with Section A of this Practice Direction.
        Winding-up petition [section 204]
        14.56. A petition for the winding-up of a Company is to be made in accordance with Form INSOLVENCY 5.
        14.57. Where the ground for the winding-up order is founded on section 200(1)(a) of the Regulations and a statutory demand has been served on the Company, the petition must include:
        (a) a statement that such a demand has been served,
        (b) the date of service,
        (c) the amount of the outstanding debt as at the date of service; and
        (d) a statement that the Company is insolvent and unable to pay its debts.
        14.58. The petition shall contain the name and address of the insolvency practitioner (if any) whom the petitioner proposes should be appointed as liquidator or provisional liquidator of the Company in the event that a winding-up order is made by the Court and a statement that the person so nominated is (to the best of the petitioner’s belief) an insolvency practitioner who is registered as an official liquidator with the Registrar of Companies for the purposes of section 289(2) of the Regulations and has consented to such appointment. There shall be attached to the petition a copy of the written consent to such appointment signed by the insolvency practitioner so nominated.
        14.59. The petition must be verified by a statement of truth.
        14.60. Where the petition is in respect of debts due to different creditors then the debt to each creditor must be verified separately in accordance with Form INSOLVENCY 6.
        14.61. A statement of truth verifying more than one petition shall include in its title the names of the Companies to which it relates and shall set out, in respect of each Company, the statements relied on by the petitioner; and a clear and legible photocopy of the statement of truth must be filed with each petition which it verifies.
        14.62. Where a petition is filed at the instance of an administrator, the petition shall:
        (a) be expressed to be the petition of the Company by its administrator;
        (b) state the name of the administrator, the Court case number and the date that the Company entered administration; and
        (c) where applicable, contain an application under section 113 of the Regulations, requesting that the appointment of the administrator shall cease to have effect.
        Service of petition [section 204(2)]
        14.63. A sealed copy of the petition shall be served on the Company by the petitioner in accordance with section 204(2) of the Regulations.
        14.64. Any application to the Court that the petition may be served in such other manner as the Court may by order approve or direct is to be made in accordance with Rule 19 of the CPR.
        14.65. Service of the petition is to be proved by a certificate of service which must be:
        (a) made in accordance with Form INSOLVENCY 3; and
        (b) be filed with the Court as soon as reasonably practicable after service, and in any event not less than 5 business days before the hearing of the petition.
        Other persons to receive copies of petition or entitled to copy of petition [section 204(3), (4)]
        14.66. Where the Regulations require the petitioner to deliver a copy of the petition to any other person that copy must be delivered within 3 business days after the day on which the petition is served on the Company, or where the petitioner is the Company within three 3 business days of the Company receiving the sealed petition.
        Notice of listing
        14.67. This petition will be heard by the Court on the date and time set out in the notice of listing issued by the Court, which the petitioner is to serve on, or provide to, all relevant persons along with the petition.
        Notice of the winding-up petition [section 205]
        14.68. Notice of the winding-up petition shall be published in the manner and in accordance with the requirements set out in section 205 and Schedule 1 of the Regulations.
        14.69. Non-compliance with paragraph 14.68 is a ground on which the Court may, if it thinks fit, dismiss the petition.
        Company’s opposition to the petition [section 204(5)]
        14.70. If the Company intends to oppose the petition, it must do so in accordance with Form INSOLVENCY 7, setting out brief grounds for the opposition, not less than 7 days before the date fixed for the hearing.
        14.71. If the Company disputes the debt upon which the petition has been presented, the Court may make such directions as it considers appropriate for the filing of evidence.
        Certificate of compliance [sections 204(2) and 205]
        14.72. The petitioner must, at least 5 business days before the hearing of the petition, file a certificate of compliance with sections 204(2) and 205 of the Regulations in accordance with Form INSOLVENCY 8.
        14.73. Non-compliance with paragraph 14.72 is a ground on which the Court may, if it thinks fit, dismiss the petition.
        Permission for petitioner to withdraw
        14.74. If at least 5 business days before the hearing the petitioner, on an application without notice to any other party in such form as the Court may specify, satisfies the Court that:
        (a) the petition has not been advertised;
        (b) no notices (whether in support or opposition) have been received by him with reference to the petition; and
        (c) the Company consents to an order being made under this paragraph;
        the Court may order that the petitioner has permission to withdraw the petition on such terms as to costs as the parties may agree or the Court may think fit.
        Request for the appointment of person as liquidator [section 204(7)]
        14.75. Where a petition contains a request for the appointment of a person as liquidator in accordance with section 210(3) of the Regulations, the person whose appointment is sought shall, not less than 2 business days before the day appointed for the hearing, file a report using Form INSOLVENCY 9 which contains particulars of:
        (a) the date on which he notified creditors of the Company, either in writing or at a meeting of creditors, of the intention to seek his appointment as liquidator, such date to be at least 7 business days before the day on which the report under this paragraph is filed; and
        (b) details of any response from creditors to that notification, including any objections to his appointment.
        Security
        14.76. Security is provided by a liquidator by virtue of the fact that the liquidator is licensed as an insolvency practitioner under the Commercial Licensing Regulations 2015.
        Notice of intention to appear [section 205(2)(f)]
        14.77. Any person intending to appear at the hearing (whether to support or to oppose the petition) must give the petitioner notice of that intention in accordance with Form INSOLVENCY 10 no later than 4.00pm on the business day before the day appointed for the hearing.
        14.78. The notice shall be sent to the petitioner at the address shown for him in the Court records or in the advertisement of the petition required by section 205(2) of the Regulations, or it may be sent to his legal representative.
        14.79. A person who fails to comply with paragraphs 14.77 and 14.78 may appear on the hearing of the petition only with the permission of the Court.
        List of appearances [section 205(3)]
        14.80. The petitioner must file a list of appearances in accordance with Form INSOLVENCY 11 on the day appointed for the hearing.
        Substitution of petitioner
        14.81. Where a person petitions and is subsequently found not entitled to do so, or where the petitioner:
        (a) fails to advertise his petition within the time prescribed by the Regulations or such extended time as the Court may allow;
        (b) consents to withdraw his petition, or to allow it to be dismissed, consents to an adjournment, or fails to appear in support of his petition when it is called on in Court on the day originally fixed for the hearing, or on a day to which it is adjourned; or
        (c) appears, but does not apply for an order in the terms of the prayer of his petition; the Court may, on such terms as it thinks just, substitute as petitioner any person who in its opinion would have a right to present a petition, and who is desirous of prosecuting it.
        Dismissal of the petition
        14.82. When a petition is dismissed, the petitioner shall forthwith give notice of the dismissal. Such notice shall be advertised in the same manner as the petition was advertised under paragraph 14.68.
        14.83. The notice advertised under paragraph 14.82 must state:
        (a) that a petition for the winding-up of the Company has been dismissed;
        (b) the name and address of the petitioner;
        (c) the date on which the petition was presented;
        (d) the date on which the petition was advertised; and
        (e) the date of the hearing at which the petition was dismissed.
        14.84. Where the petitioner is not the Company itself and the petitioner has not complied with paragraphs 14.82 and 14.83 within 21 days of the date of the hearing at which the petition was dismissed, the Company may advertise notice of the dismissal itself. Where the Company advertises notice of the dismissal itself:
        (a) the petitioner shall pay to the Company the costs reasonably incurred by the Company in advertising such notice; and
        (b) the amount of the costs so payable, unless agreed between the Company and the petitioner, will be decided by summary assessment in accordance with Practice Direction 9 unless the Court directs otherwise.
        14.85. Paragraphs 14.82 to 14.84 above do not apply in the case where a petition is withdrawn pursuant to paragraph 14.74 above.
        Appointment of liquidator following administration [section 210(3)]
        14.86. For the purpose of section 210 of the Regulations, the persons described in sections 202 and 203 of the Regulations may apply to the Court for the appointment of a liquidator following administration. Unless such application is included in the petition, the application is to be made in accordance with Form INSOLVENCY 4, supported by witness statement evidence in accordance with Form INSOLVENCY 2.

      • K. PROVISIONAL LIQUIDATORS

        Appointment of provisional liquidator [section 210(1)]
        14.87. For the purpose of section 210 of the Regulations, the persons described in sections 202 and 203 of the Regulations may apply to the Court for the appointment of a provisional liquidator. Unless such application is included in the petition, the application is to be made in accordance with Form INSOLVENCY 4, supported by witness statement evidence in accordance with Form INSOLVENCY 2, and must state:
        (a) the grounds on which it is proposed that a provisional liquidator should be appointed; for example, jeopardy, or threat of dissipation of assets or otherwise;
        (b) that the person proposed to be appointed (if any) has consented to act and, to the best of the applicant’s belief, is an official liquidator who is registered with the Registrar of Companies for the purposes of section 289(2) of the Regulations;
        (c) whether to the applicant’s knowledge:
        (i) there has been proposed or is in force for the Company a Deed of Company Arrangement;
        (ii) an administrative receiver is acting in relation to the Company;
        (iii) an administrator has been appointed or an administration order has been made and, if so, whether the applicant is seeking the Court’s consent; or
        (iv) a liquidator has been appointed for the Company’s voluntary winding-up; and
        (d) the applicant’s estimate of the value of the assets in respect of which the provisional liquidator is to be appointed, and the facts and bases upon which such estimate is made.
        Security
        14.88. Security is provided by a provisional liquidator by virtue of the fact that the provisional liquidator is licensed as an insolvency practitioner under the Commercial Licensing Regulations 2015.
        Notice and advertisement of appointment
        14.89. Where a provisional liquidator has been appointed, the Court shall as soon as reasonably practicable give notice of the fact to the provisional liquidator.
        14.90. On receipt of the notice of appointment, as soon as reasonably practicable the provisional liquidator shall give notice of that appointment by advertisement in accordance with, as applicable, paragraph 14.68.
        14.91. In addition to the standard contents, the notice must state:
        (a) that a provisional liquidator has been appointed; and
        (b) the date of the appointment.
        Order of appointment of provisional liquidator
        14.92. The Court shall as soon as reasonably practicable after the order is made, provide a sealed copy of the order:
        (a) to the person appointed as provisional liquidator; and
        (b) if there is an administrative receiver, a copy to him.
        14.93. The provisional liquidator shall as soon as reasonably practicable send a copy of the order to:
        (a) the Company or, if a liquidator has been appointed for the Company’s voluntary winding-up, to him, or to any other Office-holder; and
        (b) the Registrar of Companies or the Financial Services Regulator, as applicable.
        Remuneration
        14.94. The remuneration of the provisional liquidator shall be fixed by the Court from time to time on his application.
        14.95. In fixing his remuneration, the Court shall take into account:
        (a) the time properly given by him (as provisional liquidator) and his staff in attending to the Company’s affairs;
        (b) the complexity (or otherwise) of the case;
        (c) any respects in which, in connection with the Company’s affairs, there falls on the provisional liquidator any responsibility of an exceptional kind or degree;
        (d) the effectiveness with which the provisional liquidator appears to be carrying out, or to have carried out, his duties; and
        (e) the value and nature of the property with which he has had to deal.
        14.96. Without prejudice to any order the Court may make as to costs, the provisional liquidator’s remuneration shall be paid to him, and the amount of any expenses incurred by him reimbursed:
        (a) if a winding-up order is not made, out of the property of the Company; and
        (b) if a winding-up order is made, as an expense of the liquidation, in the prescribed order of priority.
        14.97. In a case falling within paragraph 14.96(a) above the provisional liquidator may retain out of the Company’s property such sums or property as are or may be required for meeting his remuneration and expenses.
        Termination of appointment
        14.98. The appointment of the provisional liquidator shall be terminated without further order on the appointment of a liquidator and may be terminated by the Court on his application or on that of any of the persons described in sections 202 and 203 of the Regulations.
        14.99. If the provisional liquidator’s appointment terminates, whether in consequence of the dismissal of the winding-up petition or otherwise, the Court may give such directions as it thinks fit with respect to the accounts of his administration or any other matters which it thinks appropriate.
        14.100. Notice of termination of the appointment of a provisional liquidator must be given by the provisional liquidator, unless the termination is on the making of a winding-up order. Such notice must as soon as reasonably practicable be:
        (a) sent to the Registrar of Companies or the Financial Services Regulator, as applicable;
        (b) advertised in the same manner as the appointment of the provisional liquidator was advertised pursuant to paragraph 14.90.

      • L. SERVICE OF DOCUMENTS

        14.101. Service is defined in the Regulations to mean for both Court documents and other documents, service in accordance with Part 4 of the ADGM Court Procedure Rules or by any method as the Court may by order approve or direct.

        14.102. Where in Insolvency Proceedings the Court makes an order staying any action, execution or other legal process against the property of a Company, service of the order may be effected by sending a sealed copy of the order to whatever is the address for service of the party having the carriage of the proceedings to be stayed.

        14.103. Where there are joint Office-holders in insolvency proceedings, service on one of them is to be treated as service on all of them.

      • M. CONTENTS OF NOTICES

        14.104. In addition to any requirements set out in any section of the Regulations or this Practice Direction, notices must comply with Schedule 1 of the Regulations.

      • N. COSTS AND DETAILED ASSESSMENT

        Scope
        14.105. This Section applies in relation to costs in connection with Insolvency Proceedings.
        14.106. In this Section a reference to costs includes charges and expenses.
        Requirement to assess costs by the detailed procedure
        14.107. Where the costs of any person are payable as an expense out of the insolvent estate in accordance with the Regulations, this Practice Direction or by order of the Court , the amount payable must be decided by detailed assessment unless agreed between the Office-holder and the person entitled to payment.
        14.108. In the absence of such agreement as is mentioned in paragraph 14.107, the Office-holder:
        (a) may serve notice requiring that person to commence detailed assessment proceedings in accordance with Section E of Practice Direction 9 (Detailed Assessment of Costs); and
        (b) must serve such notice (except in an administrative receivership) where a liquidation or creditors’ committee formed in relation to the insolvency proceedings resolves that the amount of the costs must be decided by detailed assessment.
        14.109. Where the costs of any person employed by an Office-holder in Insolvency Proceedings are required to be decided by detailed assessment under an order of the Court directing that those costs are to be paid otherwise than out of the insolvent estate, the registrar of the Court shall note on the final costs certificate by whom, or the manner in which, the costs are to be paid.
        14.110. Where an Office-holder is made a party to any proceedings on the application of another party to the proceedings, he shall not be personally be liable for costs unless the Court otherwise directs.
        14.111. Nothing in paragraphs 14.107 to 14.110 above shall affect the power of the Court to order an immediate assessment of the costs of any proceedings, or part of any proceedings, before the Court pursuant to Part 24 of the CPR.
        Application for costs
        14.112. This Section applies where a party to, or person affected by, any proceedings in an insolvency:
        (a) applies to the Court for an order allowing his costs, or part of them, incidental to the proceedings; and
        (b) that application is not made at the time of the proceedings.
        14.113. An application to the Court under paragraph 14.112 is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2.
        14.114. The applicant shall serve a sealed copy of the application on the Office-holder.
        14.115. The Office-holder may appear on an application to which paragraph 14.112 applies.
        14.116. No costs of or incidental to the application shall be allowed to the applicant unless the Court is satisfied that the application could not have been made at the time of the proceedings.
        Costs and expenses of witnesses
        14.117. No allowance as a witness in any examination or other proceedings before the Court shall be made to any officer of the insolvent Company to which the proceedings relate.
        14.118. A person presenting any petition in a Company insolvency shall not be regarded as a witness on the hearing of the petition, but the registrar of the Court may allow his expenses of travelling and subsistence.

      • O. REVIEW AND APPEALS IN INSOLVENCY PROCEEDINGS

        Review, rescission or variation of order
        14.119. The Court may review, rescind, or vary any order made by it in relation to Insolvency Proceedings arising out of:
        (a) a change of circumstances; or
        (b) such other matter where the Court considers it is in the interests of justice to conduct such review or rescind or vary an order;
        however, this paragraph shall not apply in circumstances where the application constitutes an appeal of an order.
        14.120. Any application for the rescission of a winding-up order shall be made within 5 business days after the date on which the order was made. An application under this paragraph is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2.
        Appeals
        14.121. Any appeal in relation to an order or judgment made in connection with an Insolvency Proceeding is to be made in accordance with Part 25 of the CPR (save that Rule 205 shall not apply) and Practice Direction 11.

      • P. PRINCIPAL COURT RULES AND PRACTICE TO APPLY

        14.122. The Provisions of the CPR (including any related Practice Directions) apply for the purposes of any Insolvency Proceedings before the Court with any necessary modifications, except so far as disapplied by or inconsistent with this Practice Direction.
        Further information and disclosure
        14.123. Any party to Insolvency Proceedings may apply to the Court for an order:
        (a) that any other party:
        (i) clarify any matter which is in dispute in the proceedings; or
        (ii) give additional information in relation to any such matter,
        in accordance with Rule 54 of the CPR; or
        (b) to obtain documents from any other party in accordance with Part 13 of the CPR.
        14.124. An application under paragraph 14.123 is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2, and may be made without notice.
        Copies of documents
        14.125. Any person who has under the Regulations or this Practice Direction the right to inspect the Court file may require the Court to provide him with an electronic copy of any document from the file.
        Formal defects
        14.126. Paragraph 29B of Schedule 1 of the Regulations provides that no Insolvency Proceedings shall be invalidated by any formal defect or by any irregularity, unless the Court before which the objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedies by any order of the Court.
        Enforcement
        14.127. In any Insolvency Proceedings, an order or judgment of the Court may be enforced in the same manner as an order or judgment of the Court made in any other proceedings, and to the same effect in accordance with the CPR.

      • Q. INQUIRY INTO COMPANY DEALINGS

        Application under section 256 of the Regulations [section 256]
        14.128. An application under section 256 of the Regulations is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2, specifying:
        (a) the name of the respondent;
        (b) the grounds on which it is made;
        (c) whether the application is for an order that the respondent:
        (i) appear before the Court;
        (ii) submit witness statements (and, if so, the particulars to be given of the matters to be included);
        (iii) produce books, papers or other records (if so, the items in question to be specified);
        (iv) clarify any matter which is in dispute in the proceedings or give additional information in relation to any such matter and, if so, Rule 54 of the CPR shall apply to any such order; or
        for any two or more of those purposes or for some other (and, if so, what other) relief.
        14.129. The application may be made without notice to any party other than the respondent.
        Orders for examination, etc
        14.130. The Court, if it orders the respondent to appear before it, shall specify a date and time for his appearance, which shall be not less than 14 calendar days from the date of the order.
        14.131. If the respondent is ordered to submit a witness statement, the order shall specify:
        (a) the matters which are to be dealt with in his witness statement; and
        (b) the time within which the witness statement is to be submitted to the Court.
        14.132. If the order is to produce books, papers or other records, the time and manner of compliance shall be specified.
        14.133. The order must be served as soon as reasonably practicable on the respondent; and it must be served personally.
        Procedure for examination
        14.134. At any examination of the respondent, the applicant may attend in person, or be represented by a legal representative, and may put such questions to the respondent as the Court may allow.
        14.135. The following persons may attend the examination with the permission of the Court and may put questions to the respondent (but only through the applicant):
        (a) any person who could have applied for an order under section 256 of the Regulations; or
        (b) any creditor who has provided information on which the application was made by the applicant.
        14.136. If the respondent is ordered to clarify any matter or to give additional information, the Court shall direct him as to the questions which he is required to answer, and as to whether his answers (if any) are to be made in a witness statement.
        14.137. The respondent may at his own expense instruct a legal representative, who may put to him such questions as the Court may allow for the purpose of enabling him to explain or qualify any answers given him, and may make representations on his behalf.
        Record of examination
        14.138. There shall be a written record of the examination in the form of a transcript. The respondent shall have the opportunity to review the transcript and to propose corrections of any typographical errors or corrections of a similar nature.
        14.139. Subject to any law to the contrary, the written record may, in any proceedings (whether under the Regulations or otherwise) be used as evidence against the respondent of any statement made by him in the course of his examination.
        Inspection of record of examination, etc.
        14.140. The written record of questions put to the respondent and the respondent’s answers, and any witness statements submitted by the respondent in compliance with an order of the Court, are not to be filed with the Court or placed on the Court file. To the extent that any such documents are to be provided to the Registry, they are to be sent by email to registry@adgmcourts.com.
        14.141. The documents set out in paragraph 14.140 are not open to inspection without an order of the Court by any person other than:
        (a) the applicant for an order under section 256 of the Regulations; or
        (b) any person who could have applied for such an order in respect of the affairs of the same Company.
        14.142. The documents to which paragraph 14.141 refers are:
        (a) the written record of the respondent’s examination;
        (b) copies of the questions put to the respondent or proposed to be put to the respondent and answers to questions given by the respondent;
        (c) any witness statement by the respondent; and
        (d) any document on the Court files which shows the grounds for the application for an order.
        14.143. The Court may from time to time give directions as to the custody and inspection of any documents to which paragraphs 14.140 to 14.142 apply, and as to the furnishing of copies of, or extracts from, such documents.
        Costs of proceedings
        14.144. Where the Court makes any other order against a person (including, without limitation, an order requiring the production of books, papers or other records or clarifying any matter which is in dispute or giving additional information) the costs of the application for the order may be ordered by the Court to be paid by the respondent.
        14.145. Where the Court has ordered an examination of any person under section 256 of the Regulations, and it appears to it that the examination was made necessary because information had been unjustifiably refused by that person, it may order that the costs of the examination be paid by him.
        14.146. Subject to paragraphs 14.144 and 14.145, the applicant’s costs shall be paid as an expense of the insolvency proceeding.
        14.147. The costs of a person summoned to attend for examination under this section incurred in connection with his attendance are at the Court ‘s discretion.

      • R. APPLICATION TO LIMITED LIABILITY PARTNERSHIPS

        14.148. Subject to paragraph 14.149, the provisions of this Practice Direction shall apply to a Limited Liability Partnership.
        14.149. This Practice Direction shall apply to a Limited Liability Partnership, except where the context otherwise requires, with the following modifications—
        (a) references to a Company shall include references to a Limited Liability Partnership;
        (b) references to a Director or to an officer of a Company shall include references to a member or a designated member of a Limited Liability Partnership or any other person designated under a Limited Liability Partnership Agreement as fulfilling the managerial functions of a member or a designated member of a Limited Liability Partnership;
        (c) references to the Companies Regulations 2015 shall include references to the equivalent provisions of the Limited Liability Partnerships Regulations (if any) as apply to a Limited Liability Partnership;
        (d) references to the Articles of a Company shall include references to a Limited Liability Partnership Agreement of a Limited Liability Partnership; and
        (e) such further modifications as the context requires for the purpose of giving effect to this Practice Direction as applied by this section.

      • S. FORMS

        14.150. Forms, as specified in this Practice Direction and where provided, are to be used in Insolvency Proceedings.

        14.151. Where the forms are required to be used, they may be used with such variations, if any, as the circumstances may require.

      • T. COURT RECORDS

        14.152. The Court shall open and maintain a file in any case where documents are filed with it under the Regulations, this Practice Direction or the CPR.
        14.153. The following persons may inspect or obtain from the Court a copy of, or a copy of any document or documents contained in, a file opened in accordance with paragraph 14.152
        (a) the Office-holder in the proceedings;
        (b) the Registrar of Companies or the Financial Services Regulator;
        (c) any person who is a creditor of the Company to which the proceedings relate if that person provides the Court with a statement in writing by him or a person authorised by him confirming that that person is a creditor;
        (d) an officer or former officer of the Company to which the proceedings relate; and
        (e) a member of the Company to which the proceedings relate or a contributory in its winding up.
        14.154. The right to inspect or obtain a copy of any document or documents contained in the file opened in accordance with paragraph 14.152 may be exercised on that person’s behalf by a person authorised to do so by that person.
        14.155. Any person who is not otherwise entitled to inspect or obtain a copy of, or a copy of any document or documents contained in, the file opened in accordance with paragraph 14.152 may do so if that person has the permission of the Court.
        14.156. The Court may, upon an application by the Office-holder or any person appearing to the Court to have an interest, direct that the file, a document (or part of it) or a copy of a document (or part of it) must not be made available under paragraphs 14.153 to 14.154 without the permission of the Court.
        14.157. A request to inspect or obtain a copy of a document or documents under paragraphs 14.153, 14.154 or 14.155 is to be made in accordance with Form INSOLVENCY 12, and that person must pay any prescribed fee. Any request is to be sent by email to registry@adgmcourts.com.
        14.158. An application:
        (a) to inspect the file or obtain a copy of a document under paragraphs 14.153 to 14.155; or
        (b) for a direction under paragraph 14.156,
        may be made without notice to any other party, but the Court may direct that notice shall be given to any person who would be affected by its decision.

      • U. BLOCK TRANSFERS OF CASES WHERE INSOLVENCY PRACTITIONER HAS RETIRED ETC.

        14.159. This Section relates to an application for a block transfer order.
        Power to make a block transfer order
        14.160. This paragraph applies where an individual who is acting as an Office-holder (“the outgoing office-holder”):
        (a) dies;
        (b) retires from practice; or
        (c) is otherwise unable or unwilling to continue in office;
        and it is expedient to transfer some or all of the cases in which the outgoing Office-holder holds office to one or more office-holders (“the replacement Office-holder”) in a single transaction.
        14.161. In a case to which this Section applies the Court has the power to make an order, (“a block transfer order”), appointing a replacement Office-holder in the place of the outgoing Office-holder to be:
        (a) liquidator or provisional liquidator in any winding up;
        (b) receiver or administrative receiver in any receivership;
        (c) administrator in any administration; or
        (d) administrator of a Deed of Company Arrangement.
        14.162. The replacement office-holder must be qualified to act as an insolvency practitioner under the Commercial Licensing Regulations 2015.
        Application for a block transfer order
        14.163. An application to the Court is to be made in accordance with Form INSOLVENCY 4 and supported by witness statement evidence in accordance with Form INSOLVENCY 2.
        14.164. An application for a block transfer order may be made for:
        (a) the removal of the outgoing Office-holder;
        (b) the appointment of a replacement Office-holder;
        (c) such other order or direction as may be necessary or expedient in connection with any of the matters referred to above.
        14.165. The application may be made by any of the following:
        (a) the outgoing Office-holder (if able and willing to do so);
        (b) any person who holds office jointly with the outgoing Office-holder;
        (c) any person who is proposed to be appointed as the replacement Office-holder;
        (d) any creditor in a case subject to the application;
        (e) the approved insolvency practitioner regulatory body by which the outgoing Office-holder is or was licensed or authorised; or
        (f) the Registrar of Companies or the Financial Services Regulator.
        14.166. An applicant (other than the Registrar of Companies or Financial Services Regulator) must, as applicable, deliver notice of the application to the Registrar of Companies or the Financial Services Regulator at least 5 business days before the hearing of the application.
        14.167. The following must be made a respondent to the application and served by the applicant with it:
        (a) the outgoing Office-holder (if not the applicant or deceased);
        (b) every person who holds office jointly with the outgoing Office-holder;
        (d) such other person as the Court directs.
        14.168. The application must contain a schedule setting out:
        (a) the name of each case;
        (b) the identity of the Court having jurisdiction when the application is made;
        (c) the case number (if any); and
        (d) the capacity in which the outgoing Office-holder was appointed.
        14.169. The application must be supported by witness statement evidence:
        (a) setting out the circumstances as a result of which it was expedient to appoint a replacement Office-holder; and
        (b) exhibiting the written consent to act of each person who is proposed to be appointed as replacement Office-holder.
        Action following application for a block transfer order
        14.170. The Court may in the first instance consider the application without a hearing and make such order as it thinks just.
        14.171. In the first instance, the Court may do any of the following:
        (a) if the documents are considered to be in order and that the matter is considered straightforward, make an order on the substantive application;
        (b) give any directions which are considered to be necessary including (if appropriate) directions for the joinder of any additional respondents or requiring the service of the application on any person or requiring additional evidence to be provided; or
        (c) if an order is not made on the substantive application, give directions for the further consideration of the substantive application by the Court.
        14.172. In deciding to what extent (if any) the costs of making an application under this Section should be paid as an expense of the insolvency proceedings to which the application relates, the factors to which the Court must have regard include:
        (a) the reasons for the making of the application;
        (b) the number of cases to which the application relates;
        (c) the value of assets comprised in those cases; and
        (d) the nature and extent of the costs involved.
        14.173. Any appointment made under this Section must be notified:
        (a) as applicable, to the Registrar of Companies or the Financial Services Regulator as soon as reasonably practicable;
        (b) to the creditors; and
        (c) to such other persons as the Court may direct, in such manner as the Court may direct.