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ADGM Court Procedure Rules Amendment No 3 Of 2020

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Date of Enactment: 30 November 2020

The Chief Justice of Abu Dhabi Global Market Courts, having power under section 187 of the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015 to make court procedure rules, hereby enacts the following –

Amendments to ADGM Court Procedure Rules 2016

The ADGM Court Procedure Rules are amended as follows:

(1) In Rule 16(1) the words “with that individual” shall be deleted.
(2) Rules 16(3) and 16(5) shall be amended to read as follows:
“For the purpose of Rules 16(2)(b) and (c), the claim form shall only be deemed to have been served on the individual when the claimant sends an email, mobile text message (SMS), or WhatsApp (or like messaging) to the individual informing them of the arrangements that have been made to serve the document, unless such contact details are not available to the claimant in which case this paragraph shall not apply.”
(3) Rule 16B(3) shall be amended to read as follows:
“A claim form is served electronically on a person −
(a) by email, provided that it must be shown that the email account to which the document is sent belongs to the person to be served;
(b) by mobile text message (SMS), WhatsApp (or like messaging), provided that it must be shown that the mobile number to which the document, or notice of the document, is sent belongs to the person to be served; or
(c) by email, mobile text message, (SMS), WhatsApp (or like messaging) to a lawyer nominated by the person to be served as authorised to accept service.”
(4) In Rule 16B(4) “, WhatsApp” shall be inserted directly before the words “(or like messaging)”.
(5) In Rule 18(1)(d) “, WhatsApp” shall be inserted twice directly before both instances of the words “(or like messaging)”.
(6) Rule 21(2) shall be amended so that it reads as follows:
“The certificate of service must give details of the person served, the method of service used, the date on which the claim form was served, and it must contain sufficient detail to demonstrate that service was effected in accordance with the rule relied upon.”