• PART 9 PART 9 — Miscellaneous Provisions About Legal Services

    • 219. Rights of audience

      (1) Subject to court procedure rules —
      (a) where a person has been practising or employed as a lawyer for a continuous period of at least 5 years immediately prior to appearing before the Court, he shall have the right of audience before the Courts;
      (b) where a person has not been practising or employed as a lawyer for a continuous period of at least 5 years immediately prior to appearing before the Court, he may seek leave to have a right of audience before the Courts; save that
      (c) any person may appear and have a right of audience before the Small Claims and Employment Divisions of the Court of First Instance, but such appearance is subject to compliance with any rules of conduct of the Courts.
      (2) Subsection (1)(a) does not apply to a person if he has been banned or suspended by the approved regulator as a result of disciplinary proceedings and —
      (a) that approved regulator has not lifted the ban or suspension; or
      (b) the period within which the suspension takes effect has not expired.
      (3) In this section —
      (a) "approved regulator" means a body authorised to regulate the admission, licensing and conduct of lawyers in a particular jurisdiction;
      (b) "lawyer" means someone who is authorised to practice law in any jurisdiction by the approved regulator in that jurisdiction.

    • 220. Duties of lawyers

      (1) This section applies to a lawyer who —
      (a) exercises a right of audience before the Courts; or
      (b) has conduct of litigation in relation to proceedings in the Courts.
      (2) A lawyer to whom this section applies has a duty to the Court to act with independence in the interests of justice and to comply with any rules of conduct of the Courts.
      (3) The duty under subsection (2), and any duty to comply with relevant conduct rules, override any obligations which the lawyer may have (otherwise than under the criminal law) if they are inconsistent with them.
      (4) In this section —
      (a) "approved regulator" has the meaning given in section 219(3)(a);
      (b) "lawyer" has the meaning given in section 219(3)(b);
      (c) "relevant approved regulator" is the approved regulator of the jurisdiction by which the lawyer is authorised to practice law;
      (d) "relevant conduct rules" are the conduct rules of the relevant approved regulator which relate to the lawyer's professional conduct, or to the exercise of a right of audience or the conduct of litigation.

    • 221. Notaries

      (1) The Chief Justice may make rules that provide for —
      (a) the educational and training qualifications which must be satisfied before a person may be qualified to practice as a public notary in the Abu Dhabi Global Market;
      (b) further training (if any) which public notaries in the Abu Dhabi Global Market are to be required to undergo;
      (c) regulating the practice, conduct and discipline of public notaries in the Abu Dhabi Global Market;
      (d) the keeping by public notaries in the Abu Dhabi Global Market of records and accounts;
      (e) the handling by public notaries in the Abu Dhabi Global Market of clients' money;
      (f) the indemnification of public notaries in the Abu Dhabi Global Market against losses arising from claims in respect of civil liability incurred by them;
      (g) compensation for losses suffered by persons in respect of dishonesty on the part of public notaries in the Abu Dhabi Global Market or their employees; and
      (h) requiring the payment, in such circumstances as may be prescribed, of such reasonable fees as may be prescribed.
      (2) Subsection (1) shall not be taken to affect —
      (a) any other power of the Chief Justice to make rules; or
      (b) any rules made by him under any such power.
      (3) In this section "prescribed" means prescribed by rules made under this section.

    • 222. Conditional fee agreements

      (1) A conditional fee agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a conditional fee agreement, but any other conditional fee agreement shall be unenforceable.
      (2) For the purposes of this section and section 223
      (a) a conditional fee agreement is an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances;
      (b) a conditional fee agreement provides for a success fee if it provides for the amount of any fees to which it applies to be increased, in specified circumstances, above the amount which would be payable if it were not payable only in specified circumstances; and
      (c) references to a success fee, in relation to a conditional fee agreement, are to the amount of the increase.
      (3) The following conditions are applicable to every conditional fee agreement —
      (a) it must be in writing;
      (b) it must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement; and
      (c) it must comply with such requirements (if any) as may be prescribed by the Chief Justice.
      (4) The following further conditions are applicable to a conditional fee agreement which provides for a success fee —
      (a) it must relate to proceedings of a description specified by rules made by the Chief Justice;
      (b) it must state the percentage by which the amount of the fees which would be payable if it were not a conditional fee agreement is to be increased; and
      (c) that percentage must not exceed the percentage specified in relation to the description of proceedings to which the agreement relates by rules made by the Chief Justice.
      (5) The additional conditions are applicable to a conditional fee agreement which —
      (a) provides for a success fee; and
      (b) relates to proceedings of a description specified by rules made by the Chief Justice for the purposes of this subsection.
      (6) The additional conditions are that —
      (a) the agreement must provide that the success fee is subject to a maximum limit;
      (b) the maximum limit must be expressed as a percentage of the description of damages awarded in the proceedings that are specified in the agreement;
      (c) that percentage must not exceed the percentage specified by rules made by the Chief Justice in relation to the proceedings or calculated in a manner so specified; and
      (d) those descriptions of damages may only include descriptions of damages specified by rules made by the Chief Justice in relation to the proceedings.

    • 223. Conditional fee agreements: supplementary

      (1) The requirements which the Board may prescribe under section 222(3)(c) —
      (a) include requirements for the person providing advocacy or litigation services to have provided prescribed information before the agreement is made; and
      (b) may be different for different descriptions of conditional fee agreements (and, in particular, may be different for those which provide for a success fee and those which do not).
      (2) In section 222 and in this section (and in the definitions of "advocacy services" and "litigation services" as they apply for their purposes) "proceedings" includes any sort of proceedings for resolving disputes (and not just proceedings in a Court), whether commenced or contemplated.
      (3) Before making rules under section 222(4), (5) or (6), the Board shall consult —
      (a) the Chief Justice; and
      (b) such other bodies or persons as it considers appropriate.
      (4) A costs order made in proceedings may not include provision requiring payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.
      (5) Court procedure rules may make provision with respect to the assessment of any costs which include fees payable under a conditional fee agreement (including one which provides for a success fee).

    • 224. Damages-based agreements

      (1) A damages-based agreement —
      (a) which satisfies the conditions in subsection (3) is not unenforceable by reason only of its being a damages-based agreement; but
      (b) which does not satisfy those conditions is unenforceable.
      (2) For the purposes of this section a damages-based agreement is an agreement between a person providing advocacy or litigation services and the recipient of those services which provides that —
      (a) the recipient is to make a payment to the person providing the services if the recipient obtains a specified financial benefit in connection with the matter in relation to which the services are provided; and
      (b) the amount of that payment is to be determined by reference to the amount of the financial benefit obtained.
      (3) The agreement —
      (a) must be in writing;
      (b) must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement or to proceedings of a description prescribed by the Chief Justice;
      (c) if rules so provide, must not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;
      (d) must comply with such other requirements as to its terms and conditions as are prescribed; and
      (e) must be made only after the person providing the services under the agreement has complied with such requirements (if any) as may be prescribed as to the provision of information.
      (4) Rules made under subsection (3) are to be made by the Chief Justice and may make different provision in relation to different descriptions of agreements.
      (5) Court procedure rules may make provision with respect to the assessment of costs in proceedings where a party in whose favour a costs order is made has entered into a damages-based agreement in connection with the proceedings.
      (6) In this section "payment" includes a transfer of assets and any other transfer of monies' worth (and the reference in subsection (3)(c) to a payment above a prescribed amount, or above to an amount calculated in a prescribed manner, is to be construed accordingly).
      (7) In this section (and in the definitions of "advocacy services" and "litigation services" as they apply for the purposes of this section) "proceedings" includes any sort of proceedings for resolving disputes (and not just proceedings in a Court), whether commenced or contemplated.
      (8) Nothing in this section applies to an agreement entered into before the coming into force of the rules made under subsection (3).

    • 225. Litigation funding agreements

      (1) A litigation funding agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a litigation funding agreement.
      (2) For the purposes of this section a litigation funding agreement is an agreement under which —
      (a) a person ("the funder") agrees to fund (in whole or in part) the provision of advocacy or litigation services (by someone other than the funder) to another person ("the litigant"); and
      (b) the litigant agrees to pay a sum to the funder in specified circumstances.
      (3) The following conditions are applicable to a litigation funding agreement —
      (a) the funder must be a person, of a description, prescribed by the Chief Justice;
      (b) the agreement must be in writing;
      (c) the agreement must not relate to proceedings which cannot be the subject of an enforceable conditional fee agreement or to proceedings of any such description as may be prescribed by the Chief Justice;
      (d) the agreement must comply with such requirements (if any) as may be so prescribed;
      (e) the sum to be paid by the litigant must consist of any costs payable to him in respect of the proceedings to which the agreement relates together with an amount calculated by reference to the funder's anticipated expenditure in funding the provision of the services; and
      (f) that amount must not exceed such percentage of that anticipated expenditure as may be prescribed by the Chief Justice in relation to proceedings of the description to which the agreement relates.
      (4) Rules made under subsection (3)(a) may require a person to be approved by the Board or by a prescribed person in.
      (5) The requirements which the Chief Justice may prescribe under subsection (3)(d) —
      (a) include requirements for the funder to have provided information to the litigant before the agreement is made; and
      (b) may be different for different descriptions of litigation funding agreements.
      (6) A litigant who enters into a litigation funding agreement in respect of proceedings must put every other party to the relevant dispute on written notice, in accordance with subsection (7), of the fact that he has entered into a litigation funding agreement in respect of the relevant dispute.
      (7) Written notice under subsection (6) must be given —
      (a) where proceedings have yet to be commenced, as soon as practicable after the commencement of those proceedings; or
      (b) where the litigation funding agreement was entered into after the commencement of proceedings, within 7 days of the date of the litigation funding agreement.
      (8) In this section (and in the definitions of "advocacy services" and "litigation services" as they apply for its purposes) "proceedings" includes any sort of proceedings for resolving disputes (and not just proceedings in a Court), whether commenced or contemplated.
      (9) Before making rules under this section, the Chief Justice must consult such bodies or persons as he considers appropriate.
      (10) A costs order made in any proceedings may, subject (in the case of Court proceedings) to court procedure rules, include provision requiring the payment of any amount payable under a litigation funding agreement.
      (11) Court procedure rules may make provision with respect to the assessment of any costs which include fees payable under a litigation funding agreement.

    • 226. Payments in respect of pro bono representation

      (1) This section applies to proceedings in which —
      (a) a party to proceedings ("P") is or was represented by a legal representative ("R"); and
      (b) R's representation of P is or was provided free of charge, in whole or in part,
      and applies to such proceedings even if P is or was also represented by a legal representative not acting free of charge.
      (2) The Court may order any person to make a payment to the prescribed charity in respect of R's representation of P (or, if only part of R's representation of P was provided free of charge, in respect of that part).
      (3) In considering whether to make such an order and the terms of such an order, the Court must have regard to —
      (a) whether, had R's representation of P not been provided free of charge, it would have ordered the person to make a payment to P in respect of the costs payable to R by P in respect of that representation; and
      (b) if it would, what the terms of the order would have been.
      (4) The Court may not make an order under subsection (2) against a person represented in the proceedings if the person's representation was at all times provided by a legal representative acting free of charge.
      (5) Court procedure rules may make further provision as to the making or orders under subsection (2), and may in particular —
      (a) provide that such orders may not be made in proceedings of a description specified in the court procedure rules;
      (b) make provision about the procedure to be followed in relation to such orders;
      (c) specify matters (in addition to those mentioned in subsection (3)) to which the Court must have regard in deciding whether to make such an order, and the terms of any order.
      (6) "The prescribed charity" means the charity prescribed by order made by the Chief Justice.
      (7) An order under subsection (6) may only prescribe a charity which —
      (a) is incorporated, established or registered (as applicable) as a charity in accordance with the law of the jurisdiction of its incorporation, establishment or registration (as applicable); and
      (b) provides financial support to persons who provide, or organise or facilitate the provision of legal advice or assistance (by way of representation or otherwise) which is free of charge.
      (8) In this section —
      (a) "legal representative" in relation to a party to proceedings means a lawyer exercising a right of audience or conducting litigation on the party's behalf;
      (b) "free of charge" means otherwise than for or in expectation of fee, gain or reward.