71. Orders for interim remedies
(1) The Court may grant such interim remedies as are necessary in the interests of justice (whether in the particular case or more generally) including —
(a) an interim injunction;
(b) an interim declaration;
(c) an order for;
(i) the detention, inspection, custody or preservation of relevant property;
(ii) the taking of a sample of or the carrying out of an experiment on or with relevant property;
(iii) the sale of relevant property which is of a perishable nature or which for any other good reason it is desirable to sell quickly; and
(iv) the payment of income from relevant property until a claim is decided;
(d) an order authorising a person to enter any real property, land or building in the possession of a party to the proceedings for the purposes of carrying out an order under sub-paragraph (c);
(e) an order under section 4 of the Torts (Interference with Goods) Act 1977 to deliver up goods;
(f) an order (referred to as a "freezing injunction") restraining a party from removing from a particular jurisdiction assets located within that jurisdiction or from dealing with or removing from ADGM or any other jurisdiction any assets which are located there;
(g) an order directing a party to provide information about the location of relevant property or assets or to provide information about relevant property or assets which are or may be the subject of an application for a freezing injunction;
(h) an order (referred to as a "search order") under section 79 of the Regulations;
(i) an order (referred to as an order for interim payment) under section 34 of the Regulations for payment by a defendant on account of any damages, debt or other sum (except costs) which the Court may hold the defendant liable to pay;
(j) an order under section 35 of the Regulations;
(k) an order under section 36 of the Regulations;
(l) an order under section 37 of the Regulations;
(m) an order for a specified fund to be paid into Court or otherwise secured, where there is a dispute over a party's right to the fund;
(n) an order permitting a party seeking to recover personal property to pay money into Court pending the outcome of the proceedings and directing that, if he does so, the property shall be given to him;
(o) an order directing a party to prepare and file accounts relating to the dispute; and
(p) an order directing any account to be taken or inquiry to be made by the Court.
(2) In paragraph (1), "relevant property" means property, including real property, which is the subject of a claim or as to which any question may arise on a claim.
(3) The fact that a particular kind of interim remedy is not listed in paragraph (1) does not affect any power that the Court may have to grant that remedy.
(4) The Court may grant an interim remedy whether or not there has been a claim for a final remedy of that kind.
|Amended on December 11, 2017|