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  • 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 — Making and Answering a Claim PDF Version Web Version
    Practice Direction 3 — Small Claims - Making and answering a Claim PDF Version Web Version
    Practice Direction 4 — Particular Claims other than Small Claims PDF Version Web Version
    Practice Direction 5 — Case Management and Papers for Trial PDF Version Web Version
    Practice Direction 6 — Disclosure PDF Version Web Version
    Practice Direction 7 — Applications before and after Trial PDF Version Web Version
    Practice Direction 8 — Evidence PDF Version Web Version
    Practice Direction 9 — Costs PDF Version Web Version
    Practice Direction 10 — Offers to Settle PDF Version Web Version
    Practice Direction 11 — Appeals PDF Version Web Version
    Practice Direction 12 — Forms PDF Version Web Version

    • PRACTICE DIRECTION 1 GENERAL

      Click here to view a PDF version of Practice Direction 1

      Date first issued: 30 May 2016

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

      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 ADGM 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 Documents can be filed at any time and on any day of the year and will be date stamped accordingly, subject to payment of any applicable court fees. Rule 6 provides for the calculation of periods of time.
      1.9 Parties must file all documents using the ADGM Courts' electronic filing and case management systems, known as the “ADGM eCourts Platform”, in accordance with the requirements set out in this Practice Direction.
      E. ELECTRONIC FILING

      Definitions
      1.10 In this section:
      (a) the "ADGM eCourts Platform" means the ADGM Courts electronic filing and case management systems;
      (b) "coversheet" means the page that is generated by the ADGM 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 ADGM 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 ADGM eCourts Platform.
      Registration of users
      1.11 Any person or organisation may apply to be a registered user of the ADGM 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.
      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 ADGM eCourts Platform.
      1.14 The ADGM 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 ADGM 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 ADGM 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 ADGM 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 A party who has filed a document via the ADGM 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.
      1.19 Without limiting any other provision at law, the original signed copy of a document that has been filed via the ADGM 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
      1.20 Subject to paragraphs 1.8 and 1.21, a document is taken to have been filed when the ADGM 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.
      1.21 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]
      1.22 Rule 15 provides that all documents, other than one which initiates proceedings, must be served by email or other means of electronic communication in accordance with the relevant practice direction.
      1.23 Part 4 (along with Practice Direction 2 (Making and Answering a Claim) and Practice Direction 3 (Small Claims)) provide for how and where to serve a claim form.
      1.24 Service of all documents, except one which commences a Claim, will be effected on all parties who have appeared in the case by the Court's acceptance of the document and its placement on the Court file via the ADGM eCourts Platform. No other means of service is necessary by the parties, except as may be ordered otherwise by the Court. For the avoidance of doubt, there is no requirement to separately serve a document under Rule 22(4) if this paragraph applies.
      1.25 Practice Direction 4 — Particular Claims other than Small Claims, includes provisions that require some documents to be served personally.
      1.26 Except where a rule, practice direction, any other ADGM enactment or a court order requires or permits some other method of service, any document may be served by any of the methods provided by Rule 15.
      1.27 A party may prove service of a document by filing a certificate of service in accordance with Form CFI 31.
      G. LAWYERS
      1.28 In the Rules, and in practice directions, "lawyer" has the meaning given to it in the Regulations.
      1.29 Section 219 of the Regulations provides for when a lawyer has the right of audience in the Court and when a lawyer has the right to conduct litigation in the Court.
      Ceasing to act [r.192 and r.193]
      1.30 A lawyer who seeks an order declaring that he has ceased to be the lawyer acting for a party in a proceeding:
      (a) must apply by application notice filed in that proceeding;
      (b) must serve that application notice personally on the party for whom the lawyer is acting; and
      (c) if the order is made, must comply with Rule 192(2).
      1.31 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 by application notice filed in that proceeding;
      (b) must serve that application notice personally on the party for whom the lawyer was acting; and
      (c) if the order is made, must comply with Rule 192(2).
      Amended on June 20, 2018

    • PRACTICE DIRECTION 2 MAKING AND ANSWERING A CLAIM

      Click here to view a PDF version of Practice Direction 2

      Date first issued: 30 May 2016

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016. 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 4 — Particular Claims other than Small Claims.

      A. CLAIM FORM [r.27]
      2.1. A claim form which commences proceedings shall be in accordance with Form CFI 1.
      Requirements
      2.2. A 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, including particulars of any sum sought by way of interest from a date earlier than the date of judgment, and the propositions of law which the claimant will contend entitle the claimant to the final orders sought;
      (c) have attached to it for employment claims, all documents which record the terms of employment between the claimant and the defendant; 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. 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. Rules 15, 16 and 17 prescribe 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 3; and
      (b) 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 of the Rules which provide for the written evidence to be filed and served under the Rule 30 procedure, the procedure where a defendant objects to the use of the Rule 30 procedure and modifications to the Rules regarding the filing of a defence and certain time limits.
      C. SERVICE OUT [r.23, r.24 and r.28]
      2.8. A claimant who serves a claim form on a defendant out of the jurisdiction and the Emirate 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 or the Emirate.
      2.9. The notice shall be in accordance with Form CFI 32.
      2.10. A claimant who serves a claim form on a defendant out of the jurisdiction and the Emirate must serve the claim form and the notice on that defendant personally.
      D. ANSWERING A CLAIM [r.35, r.36, r.37 and r.44]
      2.11. The Rules require that a defendant must file and serve an acknowledgement of service within 14 days after service of the claim form.
      2.12. An acknowledgment of service shall be in accordance with Form CFI 7.
      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 set out, in numbered paragraphs corresponding to the relevant paragraph of the claimant's statement of case, the defendant's answer to the particulars of the claim and the propositions of law advanced by the claimant.
      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 set out, in summary form and in numbered paragraphs:
      (a) the final orders the defendant seeks by counterclaim; and
      (b) the particulars of the counterclaim, including particulars of any sum sought by way of interest from a date earlier than the date of judgment, and the propositions of law which the defendant will contend entitle the defendant to the final orders the defendant seeks by counterclaim.
      2.17. A counterclaim shall be in accordance with Form CFI 9.
      F. REPLY TO A DEFENCE [r.45]

      A claimant who seeks to reply to a defence must file and serve the reply within 21 days after service of the defence and
      2.18 must set out, in numbered paragraphs corresponding to the relevant paragraph of the defence, the claimant's reply to the particulars of the defence and the propositions of law advanced by the defendant.
      2.19. As A reply shall be in accordance with Form CFI 10.
      G. DEFENCE TO ANY COUNTERCLAIM [r.44]

      A claimant or any additional 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, in numbered paragraphs corresponding to the relevant paragraph of
      2.20. the counterclaim, that party's answer to the particulars of the counterclaim and the propositions of law advanced by the defendant.
      H. INTEREST [r.179]
      2.21. 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.
      Amended 18 February 2018

    • PRACTICE DIRECTION 3 SMALL CLAIMS - MAKING AND ANSWERING A CLAIM

      Click here to view a PDF version of Practice Direction 3

      Date first issued: 30 May 2016

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 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 ADGM Court Procedure Rules 2016.

      APPLICATION

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

      Practice Direction 1 — General

      Practice Direction 7 — Applications

      Practice Direction 9 — Costs

      Practice Direction 10 — Offers to Settle

      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.

      A. SMALL CLAIMS

      Definition
      3.1. A "small claim" is a claim or dispute for:
      (a) US$100,000 or less; or
      (b) an employment claim which both parties agree in writing is to be dealt with as a small claim.
      Making a claim [r.27]
      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 short numbered paragraphs within the form, including particulars of any sum sought by way of interest from a date earlier than the date of judgment, and the propositions of law which the claimant will contend entitle the claimant to the final orders sought; and
      (c) 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.
      3.4. As a general rule, a claim form should not exceed 10 pages.
      3.5. A copy of any document in the possession of the claimant which is the basis of the claim or is referred to in the claim form must be attached to the claim form.
      3.6. For employment claims, a copy of the following must be attached to the claim form:
      (a) all documents evidencing the parties' agreement that the claim be heard in or determined by the Small Claims Division if the value of the claim exceeds USD100,000; and
      (b) all documents which record the terms of employment between the claimant and defendant.
      3.7. Rules 15, 16 and 17 prescribe how a claim form may be served.
      Rule 30 Procedure [r.30]
      3.8. Rule 30 of the Rules provides that a claimant may use a simplified procedure ("Rule 30 procedure") where the claimant seeks the Court's decision on a question which is unlikely to involve a substantial dispute of fact.
      3.9. If a claimant seeks to use the Rule 30 procedure, the claimant must:
      (a) use the claim form in accordance with Form CFI 3; and
      (b) 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.
      3.10. 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.
      3.11. Claimants seeking to use the Rule 30 procedure must have regard to Rules 31 to 34 inclusive of the Rules which provide for the written evidence to be filed and served under the Rule 30 procedure, the procedure where a defendant objects to the use of the Rule 30 procedure and modifications to the Rules regarding the filing of a defence and certain time limits.
      Service out [r.23, r.24 and r.28]
      3.12. A claimant who serves a claim form on a defendant out of the jurisdiction and the Emirate 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 or the Emirate.
      3.13. The notice shall be in accordance with Form CFI 32.
      3.14. A claimant who serves a claim form on a defendant out of the jurisdiction and the Emirate must serve the claim form and the notice on that defendant personally.
      Answering a claim and making a counterclaim [r.35, r.36, r.37, r.44 and r.50]
      3.15. The Rules require that a defendant must file and serve an acknowledgement of service within 14 days after service of the claim form or.
      3.16. An acknowledgment of service shall be in accordance with Form CFI 7.
      3.17. 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.
      3.18. The defence must set out, in short numbered paragraphs corresponding to and opposite the relevant paragraph of the claimant's statement of case, the defendant's answer to the particulars of the claim and the propositions of law advanced by the claimant.
      3.19. A defence shall be in accordance with Form CFI 8.
      3.20. A defendant who wishes to make a counterclaim must set out, in summary form and in short numbered paragraphs:
      (a) the final orders the defendant seeks by counterclaim; and
      (b) the particulars of the counterclaim, including particulars of any sum sought by way of interest from a date earlier than the date of judgment, and the propositions of law which the defendant will contend entitle the defendant to the final orders the defendant seeks by counterclaim.
      3.21. A counterclaim shall be in accordance with Form CFI 9
      .
      3.22. A copy of any document in the possession of the defendant which is the basis of the defence or a counterclaim or is referred to in the defence or a counterclaim must be attached to the defence and the counterclaim.
      Reply to a Defence [r.45]

      3.23. 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, in short numbered paragraphs corresponding to the relevant paragraph of the defence, the claimant's reply to the particulars of the defence and the propositions of law advanced by the defendant.
      3.24. A reply shall be in accordance with Form CFI 10.
      Defence to any Counterclaim [r.44]
      3.25. A claimant or any additional party who wishes to defend all or part of any counterclaim must file and serve a defence within 28 days after service of the counterclaim and must set out, in short numbered paragraphs corresponding to the relevant paragraph of the counterclaim, that party's answer to the particulars of the counterclaim and the propositions of law advanced by the defendant.
      Order for specific disclosure [r.86]
      3.26. 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 [r.86]
      3.27. Any application made to the Court for disclosure by a person who is not a party to the proceedings must be made by filing and serving an application notice which must be supported by evidence.
      3.28. The supporting evidence for an application for disclosure by a non-party must be contained in an affidavit 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.
      3.29. 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 the non-party's control; or
      (ii) in respect of which the non-party claims a right or duty to withhold inspection.
      3.30. Such an order may:
      (a) require the non-party to indicate what has happened to any documents which are no longer in the non-party's control; and
      (b) specify the time and place for disclosure and inspection.
      Case Management
      3.31. The Court may make any order, give any direction or take any step it considers appropriate for the purpose of managing the proceedings.
      Allocation of hearing date
      3.32. A small claim will be given a hearing date as soon as reasonably possible.
      3.33. The Court will inform the parties of the amount of time allowed for the hearing.
      Preparation for the hearing
      3.34. Subject to any directions given by the Court, the parties will, not less than 14 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 trial;
      (b) a copy of every document that the party will seek to put in evidence; and
      (c) an outline of the arguments to be relied on, including details of any statutory provisions, cases or text book authority.
      Experts [r.142(2)]
      3.35. No expert may give evidence, whether written or oral, at a hearing without the permission of the Court.
      Conduct of the hearing [r.175]
      3.36. The Court may adopt any method of proceedings at a hearing that it considers to be fair.
      3.37. The Court may, if all parties agree, deal with the claim without a hearing.
      3.38. 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
      3.39. 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 3.33 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.
      3.40. If a claimant neither attends the hearing nor gives notice under paragraph 3.39 of this Practice Direction, the Court may strike out the claim.
      3.41. If a defendant neither attends the hearing nor gives notice under paragraph 3.36 of this Practice Direction, but the claimant either attends the hearing or gives notice under paragraph 3.39, the Court may decide the claim on the basis of the evidence of the claimant alone.
      3.42. If neither party attends or gives notice under paragraph 3.39 of this Practice Direction, the Court may strike out the claim and any defence and counterclaim.
      Interest [r.179]
      3.43. 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.
      Setting aside judgment and re-hearing [r.179]
      3.44. 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.
      3.45. A party who applies for an order that a judgment be set aside must file an application notice not more than 7 days after the day on which notice of the judgment was served on him.
      3.46. 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.
      3.47. 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.
      3.48. A party may not apply to set aside a judgment if the Court dealt with the claim without a hearing under paragraph 3.37 of this Practice Direction.
      Remission or deferral of fees [r.10]
      3.49. 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. APPEALS TO THE CIVIL DIVISION OF THE COURT OF FIRST INSTANCE

      Form of notice [r.205]
      3.50. A notice of appeal must:
      (a) be filed and served within 21 days of the date of final judgment;
      (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
      3.51. 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 21 days of being served with the notice.
      3.52. 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.
      3.53. A Judge of the Civil Division of the Court of First Instance may give written directions to the parties about the further conduct of the appeal.
      Amended on February 20, 2018

    • PRACTICE DIRECTION 4 PARTICULAR CLAIMS OTHER THAN SMALL CLAIMS

      Click here to view a PDF version of Practice Direction 4

      Date first issued: 30 May 2016

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016 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 ADGM Court Procedure Rules 2016.

      This Practice Direction must be read in conjunction with other Practice Directions including, in particular, Practice Direction 2 — Making and Answering a Claim.

      A. EMPLOYMENT CLAIMS
      4.1. A claimant claiming damages or seeking other relief in employment related matters must include the following details in the statement of case:
      (a) 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
      (b) the claimant's rate of remuneration prior to the commencement of the claim.
      B. GROUP LITIGATION ORDERS

      Procedures [r.63(2)]
      4.2. 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").
      4.3. The application for a GLO must be made by application notice.
      4.4. 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)]
      4.5. 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.
      C. CLAIMS FOR DAMAGES FOR PERSONAL INJURY

      Additional matters to be stated in claim form [r.189]
      4.6. A claimant claiming damages for personal injury must set out the following matters in the statement of case:
      (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.
      Claims for provisional damages [r.186 and r.187]
      4.7. In any case where a claimant claims provisional damages, the claimant must identify in the statement of case:
      (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.
      Claims for damages in the form of periodical payments [r.188 and r.189]
      4.8. In any case where a claimant claims damages in the form of periodical payments, the claimant must identify in the statement of case:
      (a) why section 51 of the Regulations applies; and
      (b) why the claimant seeks an award of damages in the form of periodical payments.
      4.9. 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.
      4.10. 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 unless the Court otherwise orders.
      4.11. 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.
      4.12. 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.
      D. JUDICIAL REVIEW

      Application for permission [r.218(2)] and content of claim form [r.219(2)]
      4.13. An application for permission to bring a claim for judicial review is made by filing a claim form for judicial review in accordance with Form CFI 4.
      4.14. The claim form is to be served in accordance with Rule 220(2).
      4.15. 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 would seek 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]
      4.16. An acknowledgement of service of a claim for judicial review must be in accordance with Form CFI 7.
      Service of evidence [r.229]
      4.17. Evidence on which the claimant seeks to rely, whether in support of his application for permission, or his claim if permission is given, must be served with the claim form.
      4.18. Evidence on which a defendant seeks to rely, whether in opposition to the application for permission or the claim, must be served within 21 days after the defendant files and serves an acknowledgment of service.
      Powers of Court [r.230]
      4.19. 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)]
      4.20. A claimant for judicial review may not obtain a default judgment under Rule 39.
      Obligations of disclosure of documents
      4.21. Unless the Court otherwise orders, neither the claimant nor any defendant to a claim for judicial review need provide disclosure of documents.
      E. APPLICATIONS UNDER AN ADGM ENACTMENT
      4.22. ADGM Enactments, including Article 13(8) of Abu Dhabi Law No. 4 of 2013 and the Insolvency Regulations 2015, provide for certain applications to be made to the Court.
      4.23. An application of the kind referred to in paragraph 4.22 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.
      4.24. Further proceedings in a claim of a kind referred to in paragraph 4.22 of this Practice Direction shall be in accordance with the provisions of the relevant ADGM Enactment or otherwise in accordance with the directions of the Court.
      F. DERIVATIVE CLAIMS [r.59 and r.60]

      Documents required to be served on the company
      4.25. Rule 59(3) provides that a derivative claim is commenced by issuing a claim form. A claimant must use Form CFI 6 when making a derivative claim. The company must be made a defendant to the claim.
      4.26. 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.
      4.27. The permission application must be supported by the written evidence that the claimant relies upon to seek the Courts' permission to continue with the claim.
      4.28. 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.
      4.29. A permission application will ordinarily be decided on the papers without further argument or submission.
      G. ARBITRATION

      Enforcement of an award [r.232 and r.233]
      4.30. An application for 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.
      4.31. If an order giving permission to enforce an award is to be served within the jurisdiction, it must be served in the same way a claim form may be served under Rule 17.
      4.32. If an order giving permission to enforce an award is to be served out of the jurisdiction, it must be served in the same way an arbitration claim form would be served out of the jurisdiction.
      Privacy of arbitration claims [r.231(5)]
      4.33. All arbitration claims are to be heard in closed court unless the Court orders otherwise.
      Interest on awards [r.235]
      4.34. An applicant seeking to enforce an award of interest the whole or part of which relates to a period after the date of the award must file a statement setting out the following particulars:
      (a) whether simple or compound interest was awarded;
      (b) where rests were provided for, specify them;
      (c) the rate or rates of interest claimed;
      (d) the period or periods for which each rate of interest is claimed; and
      (e) why that rate or those rates should be allowed.
      H. RECEIVERS

      Application for appointment of receiver [r.238(2)]
      4.35. An application for the appointment of a receiver must state:
      (a) who is to be appointed receiver;
      (b) what property the receiver is to take into possession or under control;
      (c) for what period the receiver is to act; and
      (d) what powers, if any, the receiver is to have to deal with or dispose of property.
      Remuneration of receiver [r.243(4)]
      4.36. 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)]
      4.37. A claimant for appointment of a receiver may not obtain a default judgment under Rule 39.
      I. ENFORCEMENT

      Methods of enforcing judgment or order for payment of money [r.246]
      4.38. 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; and/or
      (c) obtaining a third party debt order.
      Enforcement of decisions of bodies other than the Court [r.250 and r.251]
      4.39. A party seeking to enforce a decision of a court, tribunal, panel, body or person other than the Court must commence that action by filing an enforcement application in accordance with Form CFI 25.
      4.40. An enforcement application must state the name and address of the person against whom it is sought to enforce the decision and the amount that remains unpaid. A copy of the decision must also be filed with the enforcement application.
      4.41. Where an ADGM enactment provides that a decision may be enforced in the same manner as an order of the Court of First Instance if it is registered, the person seeking such enforcement must file an enforcement application in accordance with Form CFI 25 which must state the following matters:
      (a) the statutory provision under which the enforcement application is made;
      (b) the name and address of the person against whom it is sought to enforce the decision; and
      (c) if the decision requires that person to pay a sum of money, the amount that remains unpaid.
      4.42. Paragraphs 4.39 to 4.41 apply mutatis mutandis to the enforcement of a compromise.
      Application to obtain information from judgment debtor [r.253(3)]
      4.43. 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.
      4.44. An application to obtain information from a judgment debtor 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.
      4.45. A party who obtains an order that a person attend Court must, unless the Court otherwise orders, serve the order on that person by personal service in accordance with Rule 16 and must, no later than 7 days before the date on which the person is required to attend Court, file proof of service of the order.
      Judgment creditor's affidavit [r.258(1)]
      4.46. 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]
      4.47. An application for a third party debt order must be made by application notice filed in the proceeding in which the relevant judgment or order was obtained.
      4.48. An application for a third party debt order 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]
      4.49. 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 seven day's 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]
      4.50. 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]
      4.51. 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 written statement 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)]
      4.52. Written evidence to be relied on under Rule 266(1) by a judgment debtor or by a third party 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 an interim third party debt order.
      4.53. Written evidence to be relied on under Rule 266(2) by a judgment creditor must be filed and served on the judgment debtor and on the third party within 7 days of the third party serving notice in accordance with Rule 264(3).
      Application for money in court [r.268(1)]
      4.54. 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.
      J. CHARGING ORDERS, STOP ORDERS AND STOP NOTICES

      Application for charging order [r.270]
      4.55. An application for a charging order must be made by application notice in accordance with Form CFI 12 and be verified by a statement of truth.
      4.56. 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, 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]
      4.57. 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)]
      4.58. 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.
      4.59. 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)]
      4.60. Any person who objects to the Court making a final charging order may apply to the Court by filing an application notice stating the ground or grounds of objection.
      4.61. An application notice filed in accordance with paragraph 4.60 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.
      Procedure for enforcement of charging order by sale [r.276(2)]
      4.62. A judgment creditor seeking an order for the sale of property to enforce a charging order must use the Rule 30 procedure and file a claim form in accordance with Form CFI 3.
      4.63. The judgment creditor must comply with Rule 32 regarding the filing and service of written evidence required under the Rule 30 procedure.
      4.64. The written evidence filed in support of the claim 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: the names and addresses of any other creditors who have a prior charge or other security over the property; and the amount owed to each creditor;
      (e) give an estimate of the price which would be obtained on sale of the property;
      (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
      4.65. For the purpose of paragraph 4.55 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) the member of the partnership within ADGM or the Emirate;
      (b) a person authorised by a partner; or
      (c) some other person having control or management of the partnership business.
      4.66. 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]
      4.67. An application for a stop order must be made by application notice.
      4.68. An application for a stop order 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) whether the applicant claims to be a person beneficially entitled to the securities.
      Content of a stop order relating to securities [r.280]
      4.69. A stop order relating to securities may prohibit all or any of the following steps:
      (a) the registration of any transfer of the securities;
      (b) the making of any payment by way of dividend, interest or otherwise in respect of the securities.
      Evidence on request for stop notice [r.282(2)]
      4.70. A request for a stop notice must be accompanied by written evidence setting out the following matters:
      (a) the securities in respect of which the stop notice is sought; and
      (b) the person or persons upon whom it is proposed to serve the stop notice.
      K. CONTEMPT

      Application for penalty
      4.71. The application notice making a penalty application under Rules 288 and 290 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.
      Service of application for penalty [r.288 and r.290]
      4.72. A penalty application made under Rules 288 and 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.
      4.73. 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)]
      4.74. A claimant for a penalty under Rule 290 may not obtain a default judgment under Rule 39.
      L. RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS OF OTHER JURISDICTIONS

      4.75. 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.
      Applications for registration [r.298]

      An application for registration 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.
      4.76. 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, together with
      4.77. an affidavit in support of the application 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]
      4.78. Rule 299 provides that a judgment creditor may apply for security for costs as if the judgment creditor was a claimant. Practice Direction 7.16 sets out certain circumstances in which the Court may conclude that it would be just to order security for costs to an applicant.
      M. ENFORCEMENT OF THE COURTS' JUDGMENTS
      4.79. The following directions apply unless otherwise provided for in an applicable treaty, agreement, memorandum of understanding or memorandum of guidance (whether or not such memorandum be of binding effect) with the relevant jurisdiction.
      4.80. An application by a judgment creditor seeking to enforce a 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]
      4.81. In this section "judgment" includes decisions, orders, or arbitral awards that have been recognised by the Court.
      4.82. An application for a certified copy of an ADGM Courts' judgment must be made in accordance with Form CFI 24 and must be supported by the following:
      (a) a copy of the 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;
      (c) a draft of any execution letter which is sought;
      (d) translations of the documents referred to in (a), (b) and (c) of this paragraph into the official language of the court or entity through which enforcement is to be carried out;
      (e) a statement that the judgment is final and executory and the grounds on which that is said to be the case;
      (f) if interest is claimed on the judgment debt, a statement setting out details of:
      (i) the amount of interest claimed and the sum on which it is claimed;
      (ii) the date range over which interest has accrued;
      (iii) the rate, or if applicable, rates of interest applied during the period in which interest has accrued.
      Amended on April 4, 2018

    • PRACTICE DIRECTION 5 CASE MANAGEMENT AND PAPERS FOR TRIAL

      Click here to view a PDF version of Practice Direction 5

      Date first issued: 30 May 2016

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016, save as otherwise provided for in this Practice Direction. Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules. For the avoidance of doubt, this Practice Direction does not apply to a "small claim" (as that term is defined in Practice Direction 3).

      A. CASE MANAGEMENT

      Introduction
      5.1. 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.
      5.2. The Court will manage cases proportionately, having regard to the amounts at stake and the complexity of the issues.
      5.3. 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
      5.4. 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.
      5.5. 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.
      5.6. 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.
      5.7. 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.
      5.8. 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.1

      1 Amended on 25 February 2019
      5.9. Where a party wishes to obtain an order not routinely made at a case management conference, and believes that such application will be opposed, this application should be issued and served in time for it to be listed, and if possible heard, at the case management conference. If the time allowed for the case management conference is likely to be insufficient for the application to be heard, that applicant should inform the Court at once in order that a new date may be appointed.2

      2 Amended on 25 February 2019
      5.10. 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.
      5.11. 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.
      5.12. 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.
      Notice, Directions Questionnaire and Proposed Directions
      5.13. In accordance with Rules 77(1) and (2), and if the circumstances of the case so require, a Court officer will issue each party with a notice which will specify any matter to be complied with by the date specified in the notice (the "specified date") and require the parties to file a completed directions questionnaire, serve copies on all other parties and file proposed directions by the specified date.
      5.14. 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 at Appendix B.
      Case Management Conferences
      5.15. The Court will convene an initial case management conference for all claims filed in the Civil and Employment Divisions within 14 days of the close of pleadings (which in normal course will be after the filing of a Reply), or as otherwise directed by the Court.
      5.16. Unless otherwise provided for in the Court's notice fixing the date for the initial case management conference, not less than 4 days before that 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;
      (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; and
      (f) any other documents set out in the notice.
      5.17. 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:3
      (a) the issues likely to arise in the proceedings;
      (b) the directions which each party may seek, 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 which the legal representatives may wish to bring to the Court's attention to achieve the efficient management of the case to trial.

      3 Amended on 25 February 2019
      5.18. 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.
      Progress Monitoring
      5.19. 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.
      5.20. 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.
      5.21. The form of the procedural compliance statement is set out in Appendix C to this Practice Direction.
      5.22. 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.
      5.23. In appropriate cases, the Court may decide to consolidate the progress monitoring of the case with the pre-trial review.
      Pre-trial Review4

      4 Amended on 25 February 2019
      5.24. Subject to the following provisions, the pre-trial review normally will take place between 4 to 8 weeks before the date fixed for trial.
      5.25. 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.
      5.26. 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.
      5.27. 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.
      Timetables5

      5 Amended on 25 February 2019
      5.28. If or when the Court sets a timetable for the taking of procedural steps in a case, the parties must comply with it.
      5.29. If the parties agree that the timetable should be adjusted, they must file a written consent to the adjusted timetable using Form CFI 22.
      5.30. Where a written consent is filed, the terms of such consent will be referred to a Judge who may direct the Registrar to enter, sign and seal an order in accordance with the terms of the consent.
      5.31. 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. Unless otherwise directed by the Court, the other party or parties shall file and serve any response using Form CFI 36 within 4 days of within 4 days of receipt of such statement. The Court will ordinarily resolve that dispute on the papers.
      5.32. If the parties cannot agree to make somean 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 who seekings the adjustment must make an application in accordance with Practice Direction 7 using Forms CFI 12, CFI 15 and CFI 37.
      Hearing and trial dates
      5.33. 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.
      B. PAPERS FOR TRIAL

      Papers for trial
      5.34. 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.
      5.35. 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.
      5.36. 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.
      5.37. Where relevant, the papers to be used at the trial should be cross-referenced to relevant documents contained within the hearing bundle.
      5.38. Unless otherwise directed:
      (a) the hearing bundle shall be in electronic form and shall be prepared by the claimant based upon the index agreed with the other parties using the bundle made available on the ADGM eCourts Platform; and
      (b) the documents in the hearing bundle shall be allocated into the following electronic folders: (i) pleadings (including application notices); (ii) orders; (iii) witness statements of fact (including exhibits); (iv) other relevant documents; (v) skeleton arguments and authorities.

      Appendix A

      Appendix B

      Appendix C

      Appendix D

    • PRACTICE DIRECTION 6 DISCLOSURE

      Click here to view a PDF version of Practice Direction 6

      Date first issued: 30 May 2016

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

      A. DEFINITIONS
      6.1. In this Practice Direction:
      (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.
      B. DISCLOSURE BY PARTIES [r.87]
      6.2. Rarely, if at all, will the Court direct general discovery of documents or discovery by interrogation.
      Standard disclosure
      6.3. Except as provided by the Rules or by a Practice Direction, or as directed by the Court, each party must give to all other parties to a proceeding standard disclosure of documents no later than 28 days after the day by which the defendant is, or defendants are, required to file a defence.
      6.4. "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 another party.
      When standard disclosure not required
      6.5. The obligation to give standard disclosure of documents does not apply to the following proceedings:
      (a) proceedings using the Rule 30 Procedure;
      (b) proceedings in the Small Claims Division; and
      (c) Judicial Review proceedings.
      Cooperation between the parties — electronic documents
      6.6. Before the first 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.
      6.7. Where the number or volume of documents to be searched is likely to be extensive, the parties should, where possible, seek to exchange preliminary production requests in draft form before standard production of documents takes place. Any such exchange does not limit the parties' rights to submit further requests to produce after standard production.
      6.8. 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.
      6.9. 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.
      6.10. 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, if possible at the first Case Management Conference.
      C. APPLICATIONS FOR FURTHER OR SPECIFIC DISCLOSURE [r. 86 and r.87]
      6.11. The Court discourages unfocused or disproportionate requests for further disclosure of documents.
      6.12. 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.
      6.13. An application for further or specific disclosure must be made by application notice.
      Further or specific disclosure
      6.14. When giving further or specific disclosure, a party is required to make a reasonable search for documents.
      6.15. 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.
      6.16. 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
      6.17. A party need not disclose more than one copy of a document.
      6.18. 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. Parties should not redact documents which they disclose without the agreement of the other parties or the permission of the Court.
      Making disclosure — Redfern Schedule and disclosure statement
      6.19. A party giving further or specific disclosure must do so in the form of a Redfern Schedule, supported by a disclosure statement in accordance with Form CFI 13.
      6.20. A party must state in his Redfern Schedule whether he has a right or duty to withhold from inspection any document or categories of documents and the grounds on which he claims that right or duty.
      6.21. 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.
      6.22. Attention is drawn to Rule 91(2) in regard to false disclosure statements.
      6.23. 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.
      D. INSPECTION OF DOCUMENTS [r.90]

      Inspection of documents referred to in statements of case and other documents
      6.24. 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
      6.25. 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.
      6.26. Where an expert report refers to a large number or volume of documents and it would be burdensome to 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
      6.27. If a party seeks to inspect 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.
      6.28. If the disclosing party presses his claim to withhold the document from inspection, he must:
      (a) complete the relevant part of his Redfern Schedule;
      (b) serve the completed Redfern Schedule on the requesting party;
      (c) file the completed Redfern Schedule with the Court; and
      (d) identify those items in the Redfern Schedule in respect of which he seeks the determination of the Court.
      6.29. 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
      6.30. 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 should be made at the earliest opportunity and should be supported by material explaining why the party concerned did not disclose or permit inspection of the document earlier.
      E. ORDER FOR DISCLOSURE AGAINST NON-PARTY [r.88]
      6.32. 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 which must be supported by evidence.
      6.33. The supporting evidence for an application for disclosure by a non-party must be contained in an affidavit 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.
      6.34. 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.
      6.35. 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.
      6.36. A non-party need not disclose more than one copy of a document.
      6.37. A copy of a document must conform fully to the original.
      Amended on December 11, 2017

    • PRACTICE DIRECTION 7 APPLICATIONS

      Click here to view a PDF version of Practice Direction 7

      Date first issued: 30 May 2016

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

      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, or within such period as the Court otherwise may direct.
      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, together with any witness statement evidence in support and a draft of the order which is being sought from the Court in the application.
      7.3. The draft order must be in accordance with Form CFI 37 and the witness statement evidence must be in accordance with Form CFI 15.
      7.4. In instances wherein the application is made without notice, and where the Court has made an order, whether granting or dismissing the application, copies of the application notice and the order made thereon, together with the witness statement evidence must, unless the Court otherwise orders, be served on any party or other person against whom the order was made and/ or against whom the order was sought.
      7.5. In instances wherein the application is to be made upon notice, the application notice, the witness statement evidence and the draft order must be served on each respondent thereto as soon as practicable after the filing of such documents, and thereafter:
      (a) as soon as practicable the applicant must file a certificate of service in accordance with Form CFI 31;
      (b) a respondent to an application notice must file a notice of appearance in accordance with Form CFI 23 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.
      B. POST-CLAIM APPLICATIONS

      Application notice (r.64)
      7.6. 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, together with any affidavit evidence witness statement evidence in support and a draft order which the applicant is seeking from the Court in accordance with Form CFI 37. All witness statements must be in accordance with Form CFI 15.
      7.7. Applications should, wherever possible, be made so that they can be considered at any other hearing for which a date already has been fixed or for which a date is about to be fixed, with particular reference to Case Management Conferences and directions hearings.
      Service of application notice and material in support
      7.8. The applicant must serve the following on each respondent to the application:
      (a) the application notice;
      (b) the witness statement evidence in support;
      (c) the draft order;
      (d) 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
      (e) any other written material on which the applicant may seek to rely at the hearing of the application.
      7.9. The material referred to in the preceding paragraph must be served by the applicant on each respondent:
      (a) as soon as practicable after it is filed; and
      (b) except where another time limit is specified in these Rules or a relevant practice direction, and where the Court previously has set a hearing date for the application, at least 3 days before the hearing.
      Applications made without notice (rr.64 and 65)
      7.10. 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.
      7.11. 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.
      7.12. Where the Court makes an order on an application without notice, whether granting or dismissing an application, unless the Court orders otherwise, the applicant must serve forthwith 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
      7.13. 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
      7.14. The Court may deal with any application without a hearing if the parties agree as to the terms of the order; or agree that the Court should dispose of the application without a hearing; or if the Court does not consider that a hearing would be appropriate.
      C. PARTICULAR APPLICATIONS

      General
      7.15. 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]
      7.16. An application for default judgment under Rule 39 must be made by application notice in accordance with Form CFI 12, supported by witness statement evidence addressing the following:
      (a) of the occurrence of the default relied on;
      (b) that the default has not been remedied; and
      (c) that the conditions prescribed by Rule 40 are satisfied.
      All witness statements must be in accordance with Form CFI 15.
      7.17. 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 7 per cent from the date the money was due.
      Application for further information [r.54]
      7.18. The Court will 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.
      7.19. Accordingly, 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 application notice 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]
      7.20. An application for security for costs must be made by application notice in accordance with Form CFI 12.
      7.21. 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.
      7.22. Without limiting paragraph 7.22, 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 failed to give his address in the claim form, or gave an incorrect address in that 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.
      7.23. Where an order for security for costs is made, security shall be given in such manner and at the time the Court directs.
      7.24. 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 7.22 and 7.23.
      Applications to set aside notice of discontinuance [r.171]
      7.25. 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.
      D. APPLICATIONS TO THE COURT OF FIRST INSTANCE FOR PERMISSION TO APPEAL [r.206(4)]
      7.26. An application to the Court of First Instance for permission to appeal to the Court of Appeal should be made to the trial judge.
      7.27. Unless made when the disputed judgment or order was pronounced or made, an application for permission to appeal must be made by application notice filed in the proceeding within 14 days of the day on which the disputed judgment or order was pronounced or made.
      7.28. An application notice seeking permission to appeal must identify:
      (a) the judgment or order against which it is sought to appeal;
      (b) the ground or grounds on which the appeal would be brought; and
      (c) the order or orders that would be sought in the appeal.
      7.29. An application notice seeking permission to appeal must be served on all other parties to the proceeding in which the disputed judgment or order was pronounced or made.
      7.30. An applicant for permission to appeal must file proof of the service of the application on a party forthwith after service.
      7.31. The proof of service must state when and how service was made.
      7.32. If permission to appeal is given, further proceedings in the matter are governed by Parts B to G of Practice Direction 11.
      Amended 18 February 2018

    • PRACTICE DIRECTION 8 EVIDENCE

      Click here to view a PDF version of Practice Direction 8

      Date first issued: 30 May 2016

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

      A. WITNESS STATEMENTS [r.97]
      8.1. A witness statement must be in accordance with Form CFI 15.
      8.2. A witness statement is the evidence in chief of a witness. It therefore 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 should not include lengthy quotations from documents;
      (d) it must not contain argument;
      (e) 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
      (f) it must contain a statement by the witness that he believes the information contained in it is true.
      8.3. The making 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]
      8.4. An affidavit must be in accordance with Form CFI 14.
      8.5. Evidence by affidavit in an application before trial or after judgment may include statements of the witness's belief, if the grounds for that belief are stated. Otherwise, affidavits should be confined to facts known to the witness.
      C. EVIDENCE AT TRIAL

      Witness summons [r.123(2)]
      8.6. A witness summons must be in accordance with Form CFI 16.
      8.7. Rule 123 provides that a witness summons must be served personally.
      8.8. Rule 124 provides that, at the time of service of a witness summons, the witness must be offered or paid a sum reasonably sufficient to cover the expenses of travelling to and from the Court and a sum by way of compensation for loss of time.
      Hearsay, credibility, use of plans, photographs, models and other documentary evidence and questions of foreign law
      8.9. Rule 112 provides for giving notice of intention to rely on hearsay evidence at trial. A notice required by that rule must be filed and served no later than 10 days before the day fixed for the commencement of the trial.
      8.10. 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 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.
      8.11. 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 no later than 5 days before the day fixed for the commencement of the trial.
      8.12. Rule 116 provides for giving notice of intention 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. A notice required by that rule must be filed and served no later than 10 days before the day fixed for the commencement of the trial.
      8.13. Rule 117 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 no later than 10 days before the day fixed for the commencement of the trial.
      Witness and deponent expenses and compensation [r.124 and r.125]
      8.14. Rules 124 and 125 provide that, in addition to travel expenses, a witness must be offered or paid a sum by way of compensation for loss of time.
      8.15. In the case of a witness or deponent who is employed and receives a salary for his employment, such sum for loss of time should equate to the loss of salary actually incurred by the person for the time away from his place of employment as a result of attending Court.
      8.16. In the case of a witness or deponent who does not receive a salary but incurs a monetary loss as a result of attendance at Court, including payment to a care giver to care for a child or other dependant during the person's absence, such sum for loss of time should equate to the monetary loss incurred by the person.
      8.17. In the case of a witness or deponent who does not receive a salary and does not incur a monetary loss, such sum for loss of time shall be determined by the Court having regard to the time spent at Court and the inconvenience to the person.
      Evidence in particular claims
      8.18. The Rules provide for Practice Directions relating to evidence that is to be given in support of or against the making of certain kinds of order, including orders for judicial review and third party debt orders. (See, for example, Rules 229 and 266). The directions about those matters are set out in Practice Direction 4 — Particular Claims other than Small Claims.
      Evidence from foreign courts [r.130]
      8.19. If the Court makes an order for the issue of a letter of request, the party who sought the order must file, in addition to those documents which the Rules require that party to file, the following documents:
      (a) a draft of the letter of request in a form suitable for execution by the Chief Justice (and any necessary translation of that document); and
      (b) a copy of the interrogatories, if any, that are to accompany the request (and any necessary translation of those interrogatories).
      Application for a foreign assistance order [r.132]
      8.20. An application for a foreign assistance order shall be made by application notice filed in the proceeding in which the order is sought.
      Taking of evidence in a Convention State [r.137]
      8.21. If the Court makes an order for the issue of a request to take a deposition from a person who is in another Convention State, the party who sought the order must file, in addition to the documents which the Rules require that party to file, a draft of the request in a form suitable for execution and transmission to the competent authority of that other Convention State.
      Evidence for courts of other Convention States [r.138]
      8.22. An application for an order for evidence to be taken under Rule 138 must be in accordance with Form CFI 26 and must be:
      (a) supported by written evidence that includes or exhibits:
      (i) a statement of the issues relevant to the proceedings;
      (ii) a list of questions or the subject matter of questions to be put to the proposed deponent;
      (iii) a draft order;
      (iv) a translation of the documents in (i) and (ii) into English, if necessary; and
      (b) accompanied by the request as a result of which the application is made, and where appropriate, a translation of the request into English.
      Expert evidence
      8.23. Part 17 of the Rules makes important provisions about expert evidence. The provisions of this Practice Direction amplify and supplement those requirements.
      8.24. 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.
      8.25. 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.
      8.26. An expert's report must comply with the requirements of the Rules, including, in particular, the requirements of Rule 141. The report must
      (a) contain statements that the expert understands his duty to the Court, and has complied and will continue to comply with that duty;
      (b) be verified by a statement of truth in the 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"; and
      (c) be signed personally by the expert and provided to the Court in an electronic form that complies with the requirements of Practice Direction 1.
      Amended on May 24, 2018

    • PRACTICE DIRECTION 9 COSTS

      Click here to view a PDF version of Practice Direction 9

      Date issued: 30 May 2016

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

      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. This Practice Direction makes special provisions with respect to two categories of proceedings:
      (a) proceedings in the Small Claims Division; and
      (b) proceedings not in the Small Claims Division which were commenced by claim form and are not:
      (i) proceedings using the Rule 30 procedure;
      (ii) a claim for judicial review; or
      (iii) an arbitration claim.
      9.4. Rules 197 to 199 provide for assessing costs on the standard basis or on the indemnity basis. Rule 200 provides that where the Court orders a party to pay costs to another party (other than fixed costs) it may either make a summary assessment of the costs or order detailed assessment of the costs by a costs officer. This Practice Direction provides for the procedures that are to be followed if there is to be an assessment of costs.
      B. SMALL CLAIMS
      9.5. Unless the Court orders otherwise, the following amounts will be allowed for legal representatives' costs in proceedings in the Small Claims Division:
      Commencement Costs

      Relevant band Where the claim form is served by any method other than personal service by the claimant Where the claim form is served personally by the claimant and there is only one defendant Where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant
      Where—
      •   the value of the claim does not exceed US$50,000; or
      •   the only claim is for delivery of goods and no value is specified or stated on the claim form
      US$320 US$360 US$60
      Where the value of the claim exceeds US$50,000 but does not exceed US$100,000 US$1,200 US$1,320 US$180
      9.6. Where the only claim is for a specified sum of money and the defendant pays the sum claimed within 14 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 unless the Court orders otherwise.
      Judgment entered before trial
      9.7. The following amounts will be allowed for legal representatives' costs in addition to commencement costs in the circumstances described in column 1:

        Where the amount of the judgment does not exceed US$50,000 Where the amount of the judgment exceeds US$50,000 but does not exceed US$100,000
      Where judgment in default of an acknowledgment of service is entered under Rule 36 US$90 US$360
      Where judgment in default of a defence is entered under Rule 44 US$100 US$420
      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 US$160 US$660
      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 US$220 US$840
      Where summary judgment is given under Rule 68 US$700 US$2,520
      Judgment entered after trial
      9.8. If judgment for the claimant is entered after trial, the following amounts will be allowed as legal representatives' costs:

        Where the amount of the judgment exceeds US$5,000 but does not exceed US$50,000 Where the amount of the judgment exceeds US$50,000 but does not exceed US$100,000
      Small claims other than employment claims US$3,420 US$5,325
      Employment claim treated as a small claim US$3,420 US$6,920
      9.9. If judgment for the defendant is entered after trial, the following amounts will be allowed as legal representatives' costs:

        Where the amount of the claim does not exceed US$50,000 Where the amount of the claim exceeds US$50,000 but does not exceed US$100,000
      Small claims other than employment claims US$3,420 US$5,325
      Employment claim treated as a small claim US$3,420 US$6,920
      9.10. 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.
      Service costs
      9.11. If service by an alternative method is permitted by an order under Rule 19, or if a claim is served out of ADGM and Abu Dhabi, the following additional costs will be allowed to a claimant:

      Where service by an alternative method is permitted by an order under Rule 19 for each individual served. US$320
      Where a document is served out of ADGM and Abu Dhabi:
      (a) in another Emirate of the UAE;
      US$410
      (b) in any other place.
      US$460
      Fixed enforcement costs
      9.12. Annexure 1 sets out fixed enforcement costs for legal representatives.
      C. COSTS MANAGEMENT ORDERS

      Provision of costs budgets
      9.13. All parties to proceedings in the Court of First Instance which were commenced by claim form (other than proceedings in the Small Claims Division, proceedings using the Rule 30 procedure; proceedings making a claim for judicial review; or an arbitration claim) must file and exchange costs budgets not later than 7 days before the first Case Management Conference.
      9.14. Unless the Court orders otherwise, 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.
      9.15. 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
      9.16. Where costs budgets are filed and exchanged, the Court will generally make a Costs Management Order.
      9.17 If there is a dispute between the parties in regard to a costs budget, the Court would be assisted if the claiming party provided material in support of the claim in a form that:
      (a) divides the relevant budget item into the separate amounts allowed for:
      (i) Legal representative's costs;
      (ii) Counsel's costs;
      (iii) Other costs ;
      (iv) Court fees;
      (v) Other disbursements;
      (b) in the case of the legal representative's costs, identifies separately the amount allowed in respect of each professional level of legal representative and the manner of computation of each amount allowed; and
      (c) in the case of Counsel's fees, identifies separately the amount allowed in respect of senior and junior counsel and the manner of computation of each amount allowed.
      9.18. If the Court makes a Costs Management Order, paragraphs 9.19 to 9.25 of this Practice Direction shall apply except to the extent that the Court otherwise orders, whether before or after the making of the Costs Management Order.
      9.19. 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.
      9.20. If the budgets or parts of the budgets are agreed between all parties, the Court will record the extent of such agreement. In so far as the budgets are not agreed, the Court will review them and, after making any appropriate revisions, record its approval of those budgets. The Court's approval will relate only to the total figures for each phase of the proceedings, although in the course of its review the Court may have regard to the elements of each total figure. 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.
      9.21. As part of the costs management process the Court may not approve costs incurred before the date of any budget. The Court may, however, record its comments on those costs and will take those costs into account when considering the reasonableness of all subsequent costs.
      Review of costs budgets
      9.22. The Court may set a timetable or give other directions for future reviews of budgets.
      9.23. Each party may revise its budget in respect of future costs, if significant developments in the litigation warrant such revisions. Any revised budget must be submitted to the other parties for agreement. In default of agreement, the revised budget shall be submitted to the Court, together with a note of: (a) the changes made and the reasons for those changes; and (b) the objections of any other party. The Court may approve, vary or disapprove the revisions, having regard to any significant developments which have occurred since the date when the previous budget was approved or agreed.
      9.24. After its budget has been approved or agreed, each party shall re-file and re-serve the budget in the form approved or agreed with re-cast figures, annexed to the order approving it or recording its agreement.
      9.25. 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. COSTS OFFICERS
      9.26. The Registrar of the Court is a costs officer.
      9.27. The Chief Justice may appoint one or more other persons as a costs officer.
      E. DETAILED ASSESSMENT OF COSTS
      9.28. 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
      9.29. 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.
      9.30. 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.
      9.31. 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 proceeding 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.
      9.32. 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.
      Notice of Dispute
      9.33. 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.
      9.34. 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.
      9.35. 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
      9.36. 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 a claim for detailed assessment shall be US$160.
      9.37. 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.
      Provisional assessment
      9.38. 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.
      9.39. A provisional assessment is to be carried out without hearing on the papers provided by the parties.
      9.40. 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.
      9.41. 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.
      9.42. 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
      9.43. The detailed assessment of costs is to be conducted by reference to:
      (a) the issues in the proceedings;
      (b) the amount or value of the claim or claims made;
      (c) the particular complexity of the matter or the novelty of the questions raised;
      (d) the skill, effort and specialised knowledge involved;
      (e) the time spent on the proceedings;
      (f) the indicative hourly rates set out in Annexure 2 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;
      (g) whether the costs were proportionate, reasonably incurred and reasonable in amount;
      (h) the notice of dispute;
      (i) the provisional assessment; and
      (j) any other matter that the costs officer gives permission to a party to raise.
      Costs of detailed assessment
      9.44. 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.
      9.45. In any other case, the costs of the detailed assessment are to be in the discretion of the costs officer.
      9.46. 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
      9.47. 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.
      9.48. 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.
      9.49. 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
      9.50. 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.
      9.51. The objecting party's written submissions must identify which of the bases for challenge are disputed and on what basis or bases.
      9.52. 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
      9.53. A costs officer must certify the amount of costs agreed between parties or allowed following a detailed assessment of costs.
      9.54. 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 FIXED ENFORCEMENT COSTS

      The amount to be allowed in respect of legal representatives' costs in respect of enforcement are as follows:

      For the preparation of the Claim Form for an application under Rule 232 that an arbitration award may be enforced as if payable under a Court order, where the amount outstanding under the award:
      exceeds US$50 but does not exceed US$500 US$185
      exceeds US$500 but does not exceed US$1,200 US$245
      exceeds US$1,200 but does not exceed US$4,000 US$415
      exceeds US$4,000 US$450
      On attendance to question a judgment debtor (or officer of a company or other corporation) who has been ordered to attend Court under Rule 253 where the questioning takes place before a Court officer, including attendance by a responsible representative of the legal representative for each half hour or part, US$90 (when the questioning takes place before a Judge, he may immediately assess any costs allowed).
      On the making of a final third party debt order under Rule 265 or an order for the payment to the judgment creditor of money in Court under Rule 268:
      if the amount recovered is less than US$300 one-half of the amount recovered
      Otherwise US$590
      On the making of a final charging order under Rule 275: US$660
        The Court may also allow reasonable disbursements in respect of search fees and the registration of the order.
      Where an application for an attachment of earnings order is made and costs are allowed under sections 141 and 159(2) of the Regulations for each attendance on the hearing of the application US$50

      ANNEXURE 2 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 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

      Amended on 9 May, 2018

    • PRACTICE DIRECTION 10 OFFERS TO SETTLE

      Click here to view a PDF version of Practice Direction 10

      Date issued: 30 May 2016

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

      This Practice Direction deals with the following subjects:

      A. OFFER BY ONE OR MORE, BUT NOT ALL, DEFENDANTS

      B. PERSONAL INJURY CLAIMS

      A. OFFER BY ONE OR MORE, BUT NOT ALL, DEFENDANTS

      Offer by one or more, but not all, defendants [r.160(2)]
      10.1. Without the permission of the Court, a claimant may accept a Part 18 offer made by one or more, but not all, defendants only if the offer relates to claims made against only those defendants and no other.
      B. PERSONAL INJURY CLAIMS

      Personal injury claims for future pecuniary loss [r.164(4)]
      10.2. If an offeror makes a Part 18 offer proposing to settle a claim for damages for personal injury, 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 must specify:
      (i) the amount and duration of the periodical payments;
      (ii) the amount of any payments for substantial capital purchases and when they are to be made;
      (iii) whether the amount of any of those payments is to vary according to some identified index; and
      (iv) how such damages are to be paid and how the continuity of their payment is to be secured.
      Offer to settle a claim for provisional damages [r.165]
      10.3. 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 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.

    • PRACTICE DIRECTION 11 APPEALS

      Click here to view a PDF version of Practice Direction 11

      Date first issued: 30 May 2016

      This Practice Direction deals with applications for permission and appeals to the Court of Appeal.

      Applications for permission and appeals to the Court of First Instance are dealt with in Practice Direction 3 — Small Claims.

      Applications to the Court of First Instance for permission to appeal are dealt with in Practice Direction 7 – Applications before and after Trial.

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

      A. APPLICATIONS FOR PERMISSION TO APPEAL [r.206]
      11.1. Applications to the Court of Appeal for permission to appeal will generally be decided on the papers, without an oral hearing, by a panel of three judges.
      Form
      11.2. An application for permission to appeal must be in accordance with Form COA 1.
      11.3. An application for permission to appeal must identify:
      (a) the judgment or order against which it is sought to appeal;
      (b) the ground or grounds on which the appeal would be brought;
      (c) the order or orders that would be sought in the appeal; and
      (d) any order of the Court of First Instance refusing permission to appeal.
      Service and filing
      11.4. An application for permission to appeal must be served on all other parties to the proceeding in which the judgment or order which is the subject of the application was made.
      11.5. An applicant for permission to appeal must file proof of the service of the application on a party forthwith after service.
      11.6. The proof of service must state when and how service was made.
      Written argument
      11.7. An applicant for permission must file and serve on all other parties a copy of the written argument immediately after serving the application on the last of the respondents to the application and, in any event, must do so no later than 21 days after filing the application for permission to appeal.
      11.8. The written argument in support of an application for permission to appeal:
      (a) must be in accordance with Form COA 2;
      (b) must not, without the permission of a judge, exceed 10 pages;
      (c) must set out briefly in chronological form the history of the proceedings;
      (d) attach a copy of the reasons given for the judgment or order which it is sought to challenge;
      (e) must identify, as shortly as the circumstances allow, the facts and the issue or issues of law in the proposed appeal; and
      (f) must set out in summary form the reasons why the permission should be granted.
      11.9. A party who seeks to respond to an application for permission to appeal may file and serve on the other parties to the appeal a written argument in response to the application within 21 days of being served with the applicant's written argument.
      11.10. A respondent's written argument in response to an application for permission to appeal:
      (a) must be in accordance with Form COA 3;
      (b) must not, without the permission of a judge, exceed 10 pages; and
      (c) must set out briefly the grounds on which permission should be refused.
      11.11. An applicant for permission to appeal may, if invited by a judge to do so, file a written argument in reply to the written arguments of the respondent or respondents.
      11.12. A written argument in reply:
      (a) must be in accordance with Form COA 4; and
      (b) must not, without the permission of the judge, exceed 5 pages.
      Supporting material
      11.13. Ordinarily, an application for permission to appeal can, and should, be made and answered without production of any substantial part of the evidence tendered at the hearing which preceded the judgment or order which is challenged.
      11.14. If reference to some document in evidence (for example, the contract which was the subject of the litigation) or some particular passage of oral evidence is necessary to a proper understanding of the application for permission, the party relying on that evidence should annex that document or that passage of evidence to the written argument.
      Disposition of applications for permission
      11.15. An application for permission to appeal may be granted, in whole or in part and with or without conditions.
      11.16. An application for permission to appeal may be refused, with or without costs.
      11.17. An application for permission to appeal may be referred for further written submissions, or for oral argument, on the question whether permission should be granted.
      11.18. An application for permission may be referred for oral argument as on an appeal.
      11.19. The panel deciding the application need not give reasons for the decision.
      11.20. The decision of an application for permission to appeal may not be challenged by any proceeding in the Court, whether by way of review, appeal or otherwise.
      B. APPEAL [r.209]
      11.21. If permission to appeal is given, the appellant must file and serve on all other parties to the appeal a notice of appeal within 14 days of the order giving permission.
      11.22. If permission to appeal is given, the costs of the application for permission shall be costs in the appeal unless some other order is made either when permission is given or later.
      11.23. A respondent who intends to participate in the hearing of the appeal must file and serve an acknowledgement of service in accordance with Form COA 7.
      C. NOTICE OF APPEAL
      11.24. A notice of appeal shall be in accordance with Form COA 6.
      11.25. Without the permission of the Court, a notice of appeal may not allege any ground of appeal outside the scope of the permission to appeal.
      D. CROSS-APPEAL
      11.26. A respondent who wishes to appeal from a part of the judgment below, or who seeks a variation of that judgment may, within 14 days after service on that respondent of the notice of appeal, file and serve an application to the Court of Appeal for permission to cross-appeal in accordance with Form COA 5.
      11.27. A respondent who does not seek a discharge or variation of the judgment or order pronounced or made, but wishes to contend that the judgment should be on grounds which are different in fact or law from those relied on by the court below, need not give an application to the Court of Appeal for permission to cross-appeal but, within 14 days after service on that respondent of the notice of appeal, must file and serve a notice of contention in accordance with Form COA 8.
      E. APPLICATIONS IN PENDING APPEALS
      11.28. A party wishing to make an application to the Court before the hearing of the appeal commences must file an application notice in accordance with Form COA 9.
      11.29. An application notice must state what orders or directions the applicant will ask the Court to make.
      11.30. An application may be made without notice only where it is shown to be in the interests of justice, either generally or in the particular case, that this be allowed.
      11.31. In any other case, at least 3 days before the Court is to deal with the application, the applicant must serve on each respondent to the application:
      (a) a copy of the application notice;
      (b) notice of any written material previously served on that respondent and on which the applicant may rely at the hearing of the application; and
      (c) any other written material on which the applicant may seek to rely at the hearing of the application.
      11.32. The Court may deal with any application made before the hearing of the appeal without a hearing if the Court does not consider that a hearing is appropriate or the parties agree that no hearing is appropriate.
      Stay and other interim measures
      11.33. A party seeking a stay, or any other form of interim order relating to or arising out of the judgment or orders the subject of the appeal should ordinarily apply in the first instance to the judge whose judgment or orders is or are challenged.
      F. MATERIALS FOR THE HEARING

      Written arguments, chronology and statement of facts
      11.34. No later than 42 days before the day fixed for the hearing of the appeal, the appellant must file and serve on all other parties to the appeal:
      (a) a chronology of the events relevant to the appeal;
      (b) a statement of the relevant facts as found by, or agreed in, the Court below; and
      (c) the appellant's written argument (not exceeding 20 A4 pages printed in 12 point font) in support of the appeal.
      11.35. No later than 21 days before the day fixed for the hearing of the appeal, each respondent may file and serve written argument (not exceeding 20 A4 pages printed in 12 point font) in opposition to the appeal.
      11.36. No later than 10 days before the day fixed for the hearing of the appeal, the appellant may file and serve a written argument (not exceeding 5 A4 pages printed in 12 point font) in reply to the respondents' arguments.
      Appeal record
      11.37. Parties to an appeal must cooperate in preparing the materials to be made available to the Court for the hearing of the appeal ("the appeal record").
      11.38. Materials should be included in the appeal record only if required by this Practice Direction or if required for the proper argument and disposition of the appeal.
      11.39. The following materials must be included in the appeal record in the following order:
      (a) the order appealed against;
      (b) the order granting permission to appeal;
      (c) the official transcript of the reasons given for the order appealed against;
      (d) the appellant's notice of appeal;
      (e) where they are necessary for understanding the issues and argument in the appeal:
      (i) the record of the parties' statements of case; and
      (ii) the transcript of any relevant part of the evidence given at trial;
      (f) the chronology of events relevant to the appeal;
      (g) the statement of facts as found by, or agreed in, the Court below;
      (h) the appellant's written argument;
      (i) the respondents' written arguments; and
      (j) the appellant's written reply.
      11.40. The appeal record is to be prepared in accordance with the criteria stated in PD1.2 and filed electronically as a single file.
      Authorities
      11.41. Not less than 5 days before the day fixed for the 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.
      G. APPEAL HEARING
      11.42. The Court may fix the time allowed to parties for the presentation of oral argument having regard to the estimates of time provided by the parties under PD11.35 and 11.36.
      Amended on June 1, 2017

    • PRACTICE DIRECTION 12 FORMS

      Click here to view a PDF version of Practice Direction 12

      Date first issued: 30 May 2016

      This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016. Except as provided otherwise in this Practice Direction, terms have the meanings set out in the ADGM Court Procedure Rules 2016.

      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 (Rule 30 Procedure)

      CFI 4: Claim Form (Judicial Review)

      CFI 5: Claim Form (Arbitration - Enforcement)1

      CFI 6: Claim Form (Derivative Claims)

      CFI 7: Acknowledgment of Service

      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 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 Civil Division of Court of First Instance (Small Claims)

      CFI 20: Response to Notice of Appeal to Civil Division of Court of First Instance (Small Claims)

      CFI 21: Part 18 Offer

      CFI 22: Consent Orders

      CFI 23: Notice of Appearance

      CFI 24: Application for certified copy of Judgment*

      CFI 25: Enforcement Application

      CFI 26: Application for evidence for Courts of other Convention States

      CFI 27: Claim Form (Application for registration of recognised court's judgment)

      CFI 28: Claim Form (Arbitration Claims - Rule 30 Procedure)

      CFI 29: Claim Form (Application for registration and enforcement of Judgment of the UAE)

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

      CFI 31: Certificate of Service*

      CFI 32: Notice to Defendant (outside ADGM and Abu Dhabi)*

      CFI 33: Notice of Change of Representation*

      CFI 34: Request for time to pay*

      CFI 35: Application for access to court records*

      CFI 36: General Form*

      CFI 37: Draft Order

      * This form can 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: Application to the Court of Appeal for Permission to Cross-Appeal

      COA 6: Notice of Appeal

      COA 7: Acknowledgement of Service (Appeal to Court of Appeal)

      COA 8: Notice of Contention

      COA 9: Application Notice (Court of Appeal)

      COA 10 Part 18 Offer

      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


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

      Amended on August 1, 2018

    • PRACTICE DIRECTION 13 COURT-ANNEXED MEDIATION

      Click here to view a PDF version of Practice Direction 13

      Date issued: 25 February 2019

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

      • 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) "representative" includes any legal representative or other authorised representative of a party;
          (d) "mediation agreement" means the agreement that provides the legal basis for the mediation and which is entered into by the parties, the representative of the parties (if applicable) and the mediator;
          (e) "mediation session" means a meeting held for the mediation of a dispute;
          (f) "mediator" means the Court officer appointed by the Registrar to act as mediator in a dispute; and
          (g) "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.
          Inserted on February 25, 2019

      • 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

          • 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. 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 a Request for Court-Annexed Mediation in the form attached to this Practice Direction in Schedule A (the "request for mediation").

            Inserted on February 25, 2019

          • 13.12

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

            (a) the names and contact details of the parties;
            (b) if applicable, the names and contact details of the representatives of the parties;
            (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.
            Inserted on February 25, 2019

          • 13.13

            The Registry shall acknowledge in writing receipt of the request for mediation and, if the request is to be accepted, issue an invoice or invoices for the filing fee as set out in the ADGM Courts Schedule of Fees.

            Inserted on February 25, 2019

          • 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

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

            Inserted on February 25, 2019

          • 13.16

            The Registrar shall appoint a mediator within 7 days of the payment of the applicable filing fee or 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.

            Inserted on February 25, 2019

        • Voluntary referral: after commencement of proceedings

          • 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 Registry shall acknowledge in writing receipt of the request for appointment of mediator and, as applicable, issue an invoice or invoices for the filing fee as set out in the ADGM Courts Schedule of Fees.

            Inserted on February 25, 2019

          • 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.

            Inserted on February 25, 2019

          • 13.20

            The Registrar shall appoint a mediator within 7 days of the payment of the applicable filing fee or 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.

            Inserted on February 25, 2019

          • 13.21

            Unless the parties apply to the Court and the Court orders the suspension of any steps in proceedings, the time limits prescribed by the Rules for the taking of any steps by a party in the proceedings shall continue to apply, notwithstanding the voluntary referral of the dispute by the parties to court annexed mediation.

            Inserted on February 25, 2019

      • D. Court Ordered Mediation [r.306]

        • 13.22

          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.

          Inserted on February 25, 2019

        • 13.23

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

          Inserted on February 25, 2019

        • 13.24

          Within 7 days of the Court's order referring a dispute to mediation, the Registry shall, as applicable, issue an invoice or invoices for the payment of the mediation fee as set out in the ADGM Courts Schedule of Fees.

          Inserted on February 25, 2019

        • 13.25

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

          Inserted on February 25, 2019

        • 13.26

          The Registrar shall appoint a mediator within 7 days of the payment of the applicable mediation fee or 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.

          Inserted on February 25, 2019

        • 13.27

          Unless otherwise directed by the Court, the time limits prescribed by the Rules for the taking of any steps by a party in the proceedings are suspended from the date of the court order referring the dispute to mediation until the termination of the mediation.

          Inserted on February 25, 2019

      • E. Role and Function of the Mediator

        • 13.28

          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.

          Inserted on February 25, 2019

        • 13.29

          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 inter alia:
          (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.
          Inserted on February 25, 2019

        • 13.30

          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.

          Inserted on February 25, 2019

      • F. The Parties

        • 13.31

          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.

          Inserted on February 25, 2019

        • 13.32

          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;
          (c) have a clear view on what the best outcome would be from the mediation, and also the extent to which they would compromise; and
          (d) if represented in the mediation, confer upon the representative the necessary authority to settle the dispute.
          Inserted on February 25, 2019

        • 13.33

          Subject to paragraph 13.31, a party may withdraw from the mediation by giving notice of withdrawal in writing to the other party and the mediator.

          Inserted on February 25, 2019

      • G. The Mediation Agreement

        • 13.34

          As soon as practicable after the appointment of the mediator, the parties, the 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.

          Inserted on February 25, 2019

        • 13.35

          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.

          Inserted on February 25, 2019

        • 13.36

          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.

          Inserted on February 25, 2019

      • H. Conduct of the Mediation

        • 13.37

          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.

          Inserted on February 25, 2019

        • 13.38

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

          (a) a preliminary meeting of the parties prior to the mediation session; and/ or
          (b) the mediation session, and

          shall notify the parties in writing of the date, time and place of the scheduled preliminary meeting and/ or mediation session.

          Inserted on February 25, 2019

        • 13.39

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

          Inserted on February 25, 2019

        • 13.40

          Unless the mediator otherwise indicates, or the Court otherwise directs:

          (a) the preliminary meeting and/ or the mediation session must be attended by each party or, if a party is a corporate entity, by an officer of the corporate entity having authority to settle the dispute;
          (b) if a party is represented in the mediation, that party shall confer upon the representative the necessary authority to settle the dispute;
          (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.
          Inserted on February 25, 2019

        • 13.41

          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.

          Inserted on February 25, 2019

        • 13.42

          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;
          (e) subject to the parties' right of being in control of the information they wish to disclose during the mediation, that mutual disclosure of information may assist in the mediation process and in working towards settlement of the dispute; and
          (f) any other matters that are relevant to the future conduct of the mediation.
          Inserted on February 25, 2019

      • I. Termination of the Mediation

        • 13.43

          The mediation will terminate upon the earliest of the following:

          (a) subject to paragraph 13.31, 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.
          Inserted on February 25, 2019

      • J. Notification After Mediation

        • 13.44

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

          Inserted on February 25, 2019

        • 13.45

          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 in writing 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.

          Inserted on February 25, 2019

      • K. Settlement of Dispute

        • 13.46

          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.

          Inserted on February 25, 2019

        • 13.47

          Upon the request by one or 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.

          Inserted on February 25, 2019

      • L. Confidentiality

        • 13.48

          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.

          Inserted on February 25, 2019

        • 13.49

          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.
          Inserted on February 25, 2019

        • 13.50

          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 in any judicial, arbitral or other type of proceedings 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.
          Inserted on February 25, 2019

        • 13.51

          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.

          Inserted on February 25, 2019

      • M. Immunity

        • 13.52

          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.

          Inserted on February 25, 2019

        • 13.53

          Subject to paragraph 13.52, the mediator shall not give legal advice and by participation in 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:

          (c) dispute between the parties;
          (d) mediation; and
          (e) services provided by the mediator.
          Inserted on February 25, 2019

        • 13.54

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

          Inserted on February 25, 2019

      • N. Costs [R.307]

        • 13.55

          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.

          Inserted on February 25, 2019

        • 13.56

          If the dispute is referred to mediation by voluntary referral of the parties prior to or after commencement of proceedings, payment of the applicable filing fee shall be made by the parties in such proportions as they may agree between themselves.

          Inserted on February 25, 2019

        • 13.57

          In the absence of a court order under paragraph 13.55 or the agreement of the parties under paragraph 13.56, the costs of the mediation shall be borne equally by the parties.

          Inserted on February 25, 2019

        • 13.58

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

          Inserted on February 25, 2019

      • Schedules

        SCHEDULE A

        SCHEDULE B

        SCHEDULE C

        SCHEDULE D