• PART 4 PART 4 — Powers Of The Court

    • 34. Orders for interim payment

      (1) In this section "interim payment", in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the Court in the proceedings is given or made in favour of that other party.
      (2) As regards proceedings pending in the Court of First Instance, provision may be made by court procedure rules for enabling the Court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into Court.
      (3) Any court procedure rules which make provision in accordance with subsection (2) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the court procedure rules.
      (4) Any court procedure rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the Chief Justice may consider necessary or expedient.
      (5) Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make court procedure rules relating to costs.

    • 35. Orders for provisional damages for personal injuries

      (1) This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.
      (2) Subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the Court of First Instance, provision may be made by court procedure rules for enabling the Court, in such circumstances as may be prescribed, to award the injured person —
      (a) damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
      (b) further damages at a future date if he develops the disease or suffers the deterioration.
      (3) Any court procedure rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the Chief Justice may consider necessary or expedient.
      (4) Nothing in this section shall be construed as —
      (a) affecting the exercise of any power relating to costs, including any power to make court procedure rules relating to costs; or
      (b) prejudicing any duty of the Court under any ADGM enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.

    • 36. Powers of the Court of First Instance exercisable before commencement of action

      (1) On the application of any person, the Court of First Instance shall, in such circumstances as may be specified in court procedure rules, have power to make an order providing for any one or more of the following matters —
      (a) the inspection, photographing, recording, preservation, custody and detention of property which appears to the Court to be property which may become the subject-matter of subsequent proceedings in the Court of First Instance, or as to which any question may arise in any such proceedings; and
      (b) the taking of samples of any such property as is mentioned in paragraph (a), and the carrying out of any experiment on or with such property.
      (2) The Court of First Instance, on the application of a person who appears to that Court to be likely to be a party to subsequent proceedings in that Court shall, in such circumstances as may be specified in court procedure rules, have power to order a person who appears to it to be likely to be a party to the proceedings and is likely to have or have had in his possession, control, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim —
      (a) to disclose whether those documents are in his possession, control, custody or power; and
      (b) to produce such of those documents as are in his possession, control, custody or power to the applicant or, on such conditions as may be specified in the order, to any advisors of the applicant.

    • 37. Power of the Court of First Instance to order disclosure of documents, inspection of property etc. against a non-party

      (1) On the application of a party to any proceedings, the Court of First Instance shall, in such circumstances as may be specified in court procedure rules, have power to order a person who is not a party to the proceedings and who appears to the Court to have in his possession, custody or power any documents which are relevant to an issue arising out of the said proceedings to —
      (a) disclose whether those documents are in his possession, custody or power; and
      (b) produce such of those documents, as are in his possession, custody of power to the applicant or, on such conditions as may be specified in the order, to any advisors of the applicant.
      (2) On the application of a party to any proceedings, the Court of First Instance shall, in such circumstances as may be specified in court procedure rules, have power to make an order providing for any one or more of the following matters, that is to say —
      (a) the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings;
      (b) the taking of samples of any such property as mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
      (3) The preceding provisions of this section do not alter the exercise by the Court of First Instance of any power to make orders which is exercisable apart from those provisions.

    • 38. Provisions supplementary to sections 36 and 37

      (1) The Court of First Instance shall not make an order under section 36 or 37 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.
      (2) Court procedure rules may make provision as to the circumstances in which an order under section 36 or 37 can be made; and any court procedure rules making such provision may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
      (3) Court procedure rules shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 36(2) or 37 which are incurred by the person against whom the order is sought shall be awarded to that person unless the Court otherwise directs. Nothing in this subsection affects the generality of subsection (2).
      (4) In sections 35, 36, 37 and this section "property" includes any real property, chattel or other corporeal or electronic property of any description.

    • 39. Power of the Court of First Instance to award interest on debts and damages

      (1) In this section, "claimant" means the person seeking the debt or damages and "defendant" means the person from whom the claimant seeks the debt or damages.
      (2) Subject to court procedure rules, in proceedings (whenever instituted) before the Court of First Instance for the recovery of a debt or damages there may be included in any sum for which judgment is given simple or compound interest, at such rate as the Court thinks fit or as court procedure rules may provide, on all or any part of the debt or damages in respect of which judgment is given, or if payment is made before judgment is given, for all or any part of the period between the date when the cause of action arose and —
      (a) in the case of any sum paid before judgment, the date of the payment; and
      (b) in the case of the sum for which judgment is given, the date of the judgment.
      (3) Subject to court procedure rules, where —
      (a) there are proceedings (whenever instituted) before the Court of First Instance for the recovery of a debt; and
      (b) the defendant pays the whole debt to the claimant (otherwise than in pursuance of a judgment in the proceedings),
      the defendant shall be liable to pay the claimant simple or compound interest at such rate as the Court thinks fit or as court procedure rules may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.
      (4) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.
      (5) Court procedure rules may provide for a rate of interest by reference to section 8 as that section has effect from time to time or by reference to a rate for which any other ADGM enactment provides.
      (6) Interest under this section may be calculated at different rates in respect of different periods.
      (7) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

    • 40. Subpoena issued by Court of First Instance to run throughout the Abu Dhabi Global Market and the Emirate

      (1) In this section references to attendance at trial include references to attendance before an examiner or commissioner appointed by the Court of First Instance in any cause or matter in that Court, including an examiner or commissioner appointed to take evidence outside the jurisdiction of the Court.
      (2) If in any cause or matter in the Court of First Instance it appears to the Court that it is proper to compel the personal attendance at any trial of a witness who may not be within the jurisdiction of the Court, it shall be lawful for the Court, if in its discretion it seems fit so to do, to order that a writ of attendance or writ of production shall be issued in special form commanding the witness to attend the trial wherever he shall be within the Emirate; and the service of any such writ in any part of the Emirate shall be as valid and effectual for all purposes as if it had been served with the jurisdiction of the Court of First Instance.
      (3) Every such writ shall have at its foot a statement to the effect that it is issued by the special order of the Court of First Instance, and no such writ shall be issued without such a special order.
      (4) If any person served with a writ issued under this section does not appear as required by the writ, the Court of First Instance, on proof to its satisfaction of the service of the writ and of the default, may transmit a certificate of the default under the seal of the Court to such competent authorities of the Emirate as the Court thinks fit requesting that that authority proceed against and sanction the person in default in a like manner as if that person had neglected or refused to appear in obedience to process issued out of a competent court of the Emirate.
      (5) Nothing in this section shall affect —
      (a) the power of the Court of First Instance to issue a commission for the examination of witnesses out of the jurisdiction of the Court in any case in which, notwithstanding this section, the Court thinks fit to issue such commission; or
      (b) the admissibility at any trial of any evidence which, if this section had not been enacted, would have been admissible on the ground of a witness being outside the jurisdiction of the Court.

    • 41. Powers of the Court of First Instance with respect to injunctions and receivers

      (1) The Court of First Instance may by order (whether interim or final) grant an injunction or appoint a receiver in all cases in which it appears to the Court to be just and convenient to do so.
      (2) Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.
      (3) The power of the Court of First Instance under subsection (1) to grant an interim injunction restraining a party to any proceedings from removing from the jurisdiction of the Court of First Instance or the Emirate, or otherwise dealing with, assets located within that jurisdiction or the Emirate shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within that jurisdiction.
      (4) The power of the Court of First Instance to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in real property; and that power —
      (a) may be exercised in relation to an estate or interest in real property whether or not a charge has been imposed on that real property under section 115 (charging orders) for the purpose of enforcing the judgment, order or award in question; and
      (b) shall be in addition to, and not in derogation of any power of any Court to appoint a receiver in proceedings for enforcing such a charge.
      (5) Where an order under section 115 imposing a charge for the purpose of enforcing a judgment, order or award has been, or has the effect as if, registered under section 96 of the Real Property Regulations 2015, section 98(1) of those Regulations shall not apply to an order appointing a receiver made either —
      (a) in proceedings for enforcing the charge; or
      (b) by way of equitable execution of the judgment, order or award or, as the case may be, of so much of it as requires payment of moneys secured by the charge.

    • 42. Relief against forfeiture for non-payment of rent

      (1) In any action in the Court of First Instance for the forfeiture of a lease for nonpayment of rent, the Court shall have power to grant relief against forfeiture in a summary manner.
      (2) Where the lessee or a person deriving title under him is granted relief under this section, he shall hold the demised premises in accordance with the terms of the lease without the necessity for a new lease.

    • 43. Execution of instrument by person nominated by Court of First Instance

      (1) Where the Court of First Instance has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to endorse any negotiable instrument, then, if that person —
      (a) neglects or refuses to comply with the judgment or order; or
      (b) cannot after reasonable inquiry be found,
      the Court of First Instance may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed or that the negotiable instrument shall be endorsed, by such person as the Court may nominate for that purpose.
      (2) A conveyance, contract, document or instrument executed or endorsed in pursuance of an order under this section shall operate, and be for all purposes available, as if it had been executed or endorsed by the person originally directed to execute or endorse it.

    • 44. Attachment of debts

      (1) In this section and section 45 "deposit-taker" means a person who may, in the course of his business, lawfully accept deposits in the Abu Dhabi Global Market or the Emirate.
      (2) Subject to rules made by the Board under subsection (5), this section applies to any deposit account, and any profit sharing investment account, with a deposit-taker.
      (3) In determining whether, for the purposes of the jurisdiction of the Court of First Instance to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and is, as such, attachable in accordance with court procedure rules, any condition mentioned in subsection (4) which applies to the account shall be disregarded.
      (4) Those conditions are —
      (a) any condition that notice is required before any money or share is withdrawn;
      (b) any condition that a personal application must be made before any money or share is withdrawn;
      (c) any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or
      (d) any other prescribed condition.
      (5) The Board may by rules make such provision as it thinks fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely —
      (a) including in, or excluding from, the accounts to which this section applies accounts of any description specified in the rules;
      (b) excluding from the accounts to which this section applies all accounts with any particular deposit-taker so specified or with any deposit-taker of a description so specified.

    • 45. Administrative and clerical expenses of third party debt orders

      (1) In this section "prescribed" means prescribed by rules made by the Chief Justice.
      (2) Where an interim third party debt order made in the exercise of the jurisdiction mentioned in section 44(3) is served on a deposit-taker, it may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards its administrative and clerical expenses in complying with the order. The right to make a deduction under this subsection shall be exercisable as from the time that the interim third party debt order is served on it.
      (3) In subsection (2) "the relevant debt or debts", in relation to an interim third party debt order served on a deposit-taker, means the amount, as at the time the order is served on it, of the debt or debts of which the whole or a part is expressed to be attached by the order.
      (4) A deduction may be made under subsection (2) in a case where the amount referred to in subsection (3) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.
      (5) An amount may not in pursuance of subsection (2) be deducted or, as the case may be, retained in a case where, by virtue of subsections (5) to (8) of sections 215 or 217 of the Insolvency Regulations 2015 or otherwise, the creditor is not entitled to retain the benefit of the attachment.
      (6) An order under this section —
      (a) may make different provision for different cases;
      (b) without affecting the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied;
      (c) may provide for this section not to apply to deposit-takers of any prescribed description.

    • 46. Restriction of vexatious legal proceedings

      (1) In this section "civil proceedings order" means an order that —
      (a) declares that the person against whom the order is made is a vexatious litigant;
      (b) no proceedings shall without the leave of the Court of First Instance be instituted in any Court by the person against whom the order is made;
      (c) any proceedings instituted by him in any Court before the making of the order shall not be continued by him without the leave of the Court of First Instance; and
      (d) no application (other than one for leave under this section) shall be made by him, in any proceedings instituted in any Court by any person, without the leave of the Court of First Instance.
      (2) If, on an application made under this section, the Court of First Instance is satisfied that any person has habitually and persistently and without any reasonable ground —
      (a) instituted vexatious proceedings, whether in the Court of First Instance or any inferior court, and whether against the same person or against different persons; or
      (b) made vexatious applications in any proceedings, whether in the Court of First Instance or any inferior court, and whether instituted by him or another,
      the Court of First Instance may, after hearing that person or giving him an opportunity of being heard, make a civil proceedings order.
      (3) An order under subsection (2) may provide that it is to cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely.
      (4) Where an indefinite order has been made under subsection (3) —
      (a) the person who is the subject of such an order must first obtain leave from the Court before commencing any fresh proceedings of whatever nature, and such leave shall not be given unless the Court of First Instance is satisfied that the proceedings are not an abuse of the process of the Court in question and that there are good grounds for the proceedings to be issued; and
      (b) the Registrar shall prevent the issue of any fresh proceedings by any person who is subject to an indefinite order under subsection (3) unless and until any leave has been obtained by the Court of First Instance under sub-paragraph (a).
      (5) No appeal shall lie from a decision of the Court of First Instance refusing leave required by virtue of this section.
      (6) A copy of any order made under subsection (2) shall be published in English on the Courts' website.
      (7) If the Court of First Instance is satisfied that any proceedings already initiated in any Court has been brought without any reasonable grounds, it may declare such proceedings to be vexatious and may make an order dismissing the claim or claims as being vexatious.
      (8) A declaration and/or order under subsection (7) may be made by the Court's own motion or upon the application of one or more of the parties to the proceedings in respect of which the declaration or order is sought.

    • 47. Specific powers of arbitrator exercisable by the Court of First Instance

      In any cause or matter proceeding in the Court of First Instance in connection with any contract incorporating an arbitration agreement which confers specific powers upon the arbitrator, the Court of First Instance may, if all parties to the agreement agree, exercise any such power.

    • 48. Power to award damages (or order undertakings as to damages) as well as, or in substitution for, injunction or specific performance

      (1) Where the Court of Appeal or the Court of First Instance has jurisdiction to entertain an application for an injunction or specific performance, it may —
      (a) award damages in addition to, or in substitution for, an injunction or specific performance;
      (b) order the applicant to give the Court an undertaking as to damages as a condition for granting an injunction or order.
      (2) Court procedure rules may provide the circumstances in which the Court of Appeal or the Court of First Instance has jurisdiction under subsection (1).
      (3) Subject to subsection (4), where the Registration Authority or the Financial Services Regulatory Authority applies to the Court for the grant of an injunction under section 41, or under any other ADGM enactment, the Court shall not require the applicant to give an undertaking as to damages as a condition of granting an interim injunction, provided that, and only that, the application is made solely in exercise of the applicant's public function.
      (4) Where the Registration Authority or the Financial Services Regulatory Authority applies to the Court for the grant of an injunction under section 41, or under any other ADGM enactment, the Court must require the applicant to give an undertaking as to damages as a condition of granting an interim injunction where the applicant is acting wholly or in part in a private capacity.

    • 49. Costs in the Court of Appeal and the Court of First Instance

      (1) Subject to the provisions of these Regulations or any other ADGM enactment and to court procedure rules, the costs of and incidental to all proceedings in —
      (a) the Court of Appeal; and
      (b) the Court of First Instance,
      shall be in the discretion of the Court.
      (2) Court procedure rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs.
      (3) The Court shall have full power to determine by whom and to what extent the costs are to be paid, including, without limitation, the power to determine whether costs are to be paid on the standard or indemnity basis.
      (4) In subsections (1) and (2) "proceedings" includes the administration of trusts.
      (5) Nothing in subsection (1) shall alter the practice in insolvency.
      (6) In any proceedings mentioned in subsection (1), the Court may disallow, or (as the case may be) order the legal or other representatives concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with court procedure rules.
      (7) In subsection (6) "wasted costs" means any costs incurred by a party —
      (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such representative; or
      (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
      (8) Where the Court exercises a power under sub-section (6) in relation to costs incurred by a party, it may inform any approved regulator as it considers appropriate.
      (9) In this section:
      (a) "legal or other representative", in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf; and
      (b) “approved regulator” means a body authorised to regulate the admission, licensing and conduct of lawyers in a particular jurisdiction.

    • 50. Assumed rate of return on investment of damages

      (1) In determining the return to be expected from the investment of a sum awarded as damages for future pecuniary loss in an action for personal injury, the Court shall, subject to and in accordance with court procedure rules made for the purposes of this section, take into account such rate of return (if any) as may from time to time be prescribed by rules made by the Chief Justice.
      (2) Subsection (1) above shall not however prevent the Court taking a different rate of return into account if any party to the proceedings shows that it is more appropriate in the case in question.
      (3) Rules made under subsection (1) above may prescribe different rates of return for different classes of case.
      (4) Rules made under subsection (1) may in particular distinguish between classes of case by reference to —
      (a) the description of future pecuniary loss involved;
      (b) the length of the period during which the future pecuniary loss is expected to occur; and
      (c) the time when future pecuniary loss is expected to occur.

    • 51. Periodical payments

      (1) In this section "damages" includes an interim payment which the Court orders a defendant to make to a claimant.
      (2) Where the Court awards damages for future pecuniary loss in respect of personal injury, the Court —
      (a) may order that the damages are wholly or partly to take the form of periodical payments; and
      (b) shall consider whether to make that order.
      (3) Where the Court awards other damages in respect of personal injury, it may, if the parties consent, order that the damages are wholly or partly to take the form of periodical payments.
      (4) The Court may not make an order for periodical payments unless satisfied that the continuity of payment under the order is reasonably secure.
      (5) An order for periodical payments may include provision —
      (a) requiring the party responsible for the payments to use a method (selected or to be selected by him) under which the continuity of payment is reasonably secure;
      (b) about how the payments are to be made, if not by a method under which the continuity of payment is reasonably secure;
      (c) requiring the party responsible for the payments to take specified action to secure continuity of payment, where continuity is not reasonably secure;
      (d) enabling a party to apply for a variation of provision included under paragraph (a), (b) or (c).
      (6) Where a person has the right to receive payments under an order for periodical payments, or where an arrangement is entered into in satisfaction of an order which gives a person a right to receive periodical payments, that person's right under the order or arrangement may not be assigned or charged without the Court's permission and —
      (a) the Court shall not approve an assignment or charge unless satisfied that special circumstances make it necessary; and
      (b) a purported assignment or charge, or agreement to assign or charge, is void unless approved by the Court.
      (7) Where an order is made for periodical payments, an alteration of the method by which the payments are made shall be treated as a breach of the order (whether or not the method was specified under subsection (5)(b)) unless the Court declares its satisfaction that the continuity of payment under the new method is reasonably secure.
      (8) An order for periodical payments shall be treated as providing for the amount of payments to vary by reference to such price index, at such times, and in such a manner, as may be prescribed by or in accordance with court procedure rules.
      (9) An order for periodical payments may include provision —
      (a) disapplying subsection (8); or
      (b) modifying the effect of subsection (8).
      (10) Court procedure rules may require the Court to take specified circumstances into account in considering —
      (a) whether to order periodical payments;
      (b) the security of the continuity of payment;
      (c) whether to approve an assignment or charge.
      (11) This section does not alter any power exercisable apart from this section.

    • 52. Variation of orders and settlements

      (1) The Chief Justice may by order enable a Court which has made an order for periodical payments to vary the order in specified circumstances (otherwise than in accordance with section 51(5)(d)).
      (2) The Chief Justice may by order enable a Court in specified circumstances to vary the terms on which a claim or action for damages for personal injury is settled by agreement between the parties if the agreement —
      (a) provides for periodical payments; and
      (b) expressly permits a party to apply to the Court for variation in those circumstances.
      (3) An order under this section may make provision —
      (a) which operates wholly or partly by reference to a condition or other term of the Court's order or of the agreement;
      (b) about the nature of an order which may be made by the Court on a variation;
      (c) about the matters to be taken into account on considering variation;
      (d) of a kind that could be made by court procedure rules (and which may be expressed to be or not to be subject to the power to make those rules).
      (4) An order under this section may apply (with or without modification) or amend an ADGM enactment about provisional or further damages.
      (5) In subsection (4) —
      (a) "provisional damages" means damages awarded by virtue of section 35(2)(a); and
      (b) "further damages" means damages awarded by virtue of section 35(2)(b).

    • 53. Provisional damages and fatal accident claims

      (1) In this section —
      (a) "provisional damages" means damages awarded by virtue of section 35(2)(a); and
      (b) "further damages" means damages awarded by virtue of section 35(2)(b).
      (2) This section applies where a person —
      (a) is awarded provisional damages; and
      (b) subsequently dies as a result of the act or omission which gave rise to the cause of action for which the damages were awarded.
      (3) The award of the provisional damages shall not operate as a bar to an action in respect of that person's death under the Fatal Accidents Act 1976.
      (4) Such part (if any) of —
      (a) the provisional damages; and
      (b) any further damages awarded to the person in question before his death,
      as was intended to compensate him for pecuniary loss in a period which in the event falls after his death shall be taken into account in assessing the amount of any loss of support suffered by the person or persons for whose benefit the action under the Fatal Accidents Act 1976 is brought.
      (5) No award of further damages made in respect of that person after his death shall include any amount for loss of income in respect of any period after his death.

    • 54. Interpretation

      In this section, and in sections 50 to 53, "personal injury" includes any disease and any impairment of a person's physical or mental condition and references to a claim or action for personal injury include references to such a claim or action brought by virtue of the Fatal Accidents Act 1976.